ANG BERDENG TAHANAN

Maulan na umaga sa inyong lahat. Sa ating butihing guro Ginang Imelda Hernandez, sa aking mga kapwa mag-aaral.

Tila kay bilis ng araw di ba?

Parang kelan lang ng umiiyak pa tayo dahil hinahatid tayo ng ating mga magulang sa isang pook na kung saan maraming kwarto, maraming bata na pare-pareho ang kasuotan at tayo ay iniiwan.

Mga gabing nagpupuyat upang maipasa lamang ang isang takdang aralin, di mabilang na pagsusulit.

May kanya-kanyang paboritong asignatura kunin tiyak kong hindi mawawala ang higit na paboritong tunay ang RECESS at UMUWIAN.

Iba’t-ibang paraan para lamang makasilip ng sagot sa harapan, kahit  na leeg ay sumasakit ng lubusan. Mga araw na napapagalitan, mga araw na nahuhuli sa silid-aralan. Mga dahilan para lamang makaliban.

Kayo ba ay natatawa ngunit aminin man natin ito ay ating mga gawain.

Ngunit ako ay lubos na saludo dahil kayo ay nagwagi.

Anim na taon sa elementarya,apat na taon sa hiyskul. Ngunit sa sampung taon kayo naman ay nagwagi.

Ngunit ang laban ay di pa tapos umpisa palang ito ng tunay na yugto, yugto ng isang tunay na laban ng mag-aaral.

Sa susunod na taon kayo ay my bagong laban nanaman. Mas madilim mas matinik. Nakapag-isip ka na ba kung saan mu ito ilalagi?

Maraming lugar, iba’t- ibang katawagan. Ngunit ako ay may mungkahi.

Pook na lutian, sa pagbibigay ng edukasyon tiyak kong sila ang number one. Di man perpekto ngunit sa pag-aalaga ay totoo. Hindi lang kapamilya, kundi kapuso at kapatid pa.

Berdeng pook panatag kang tunay, mga bantay na sadyang nakaantabay mga pangalawang ina’y at ita’y laging nakaagapay.

At sa dame ng asignatura tiyak na kayo ay makakapili ng tunay. May iba’t- ibang katawagan dahil ito ay nababatay sa kasalukuyan.

Mga pandagdag kaalaman laging nandyan gamitin ng walang kasawaan. Ngunit babala lamang huwag pasaway ng hindi ma-warningan dahil mga mata ay nandyan lamang, sumunod na lamang sa patakaran.

Laitin man kami ng harap-harapan ngunit kami ay dedma lamang dahil may prinsipyo at pangalan kaming iniingatan.

Mga estudyante kahit na mayayaman ay sadyang magalang na tunay dahil hindi lamang sa asignatura kami tinuturan pati sa asal na magagamit namin habang buhay.

Kayo ngayon ay aking mungkahi DE LA SALLE COLLEGE OF SAINT BENILDE ay bisitahin. 


This is really a junk post,,I made this speech in able to past my FILIPINO subject,, I just post it to my blog to remind me that i did something like this..:))

SALUTE

As i browsing my facebook account one of my friend tag me this note:

This speech was delivered by a La Sallian engineer in one of the graduation ceremonies at the UP College of Engineering.

Ngayong araw na ito, sa ating pagtatapos, mayroon akong dalang Transcript of Record. Ang estudyanteng may-ari ng transcript na ito ay nag-aral sa De La Salle University. Sa unibersidad na ito, kapag ikaw ay isang undergraduate, may ID number ka na nagsisimula sa “94” at pataas, kung lumipas ang isang buong school year at umabot ka sa 15 units na bagsak, masisipa ka sa paaralan.

Ang transcript na hawak ko ay mayroong 27 units ng bagsak. 12 sa mga ito ay tinamo ng estudyante sa iisang schoolyear lang. Ang isang subject ay kadalasang may bigat na 3 units. Kung iisiping mabuti, isang subject na bagsak na lang ay pwede na masipa ang estudyanteng may-ari ng transcript na ito. 

Ang speech na ito ay hindi ko ginawa para i-acknowledge ang paghihirap ng ating mga magulang sa pagpapaaral satin. Hindi ko din ito ginawa para maghayag ng political statement, o kumbinsihin kayo na huwag umalis sa bansa at tulungan itong makaahon. Ang speech na ito ay para sa mga normal na estudyante na kagaya ng may may-ari ng transcript na hawak ko, dahil madalas, wala talagang pakialam ang unibersidad sa mga achievements nila. May mga awards na gaya ng “Summa Cum Laude”, “Best Thesis Award” at “Leadership Award.” Pero ni minsan, hindi pa ako nakakakita ng unibersidad na nagbigay ng “Hang-on and managed to graduate despite nearly getting kicked-out during his academic stay” award. 

Maaaring isang malaking kagaguhan ang konseptong ito para sa karamihan. Bakit mo pararangalan ang isang estudyanteng bulakbol, bobo, tamad o iresponsable? Hindi ba dapat isuka ito ng unibersidad? Ito yung mga tipo ng estudyanteng walang ia-asenso sa buhay, hindi ba? 

Ayun. Natumbok niyo.Iyun na nga ang dahilan. 

Madalas, pag ang isang estudyante ay may pangit na marka sa paaralan, lalong lalo na sa kolehiyo, nakakapanghina ito ng loob. Nandiyan yung tatamarin ka mag-aral, nandyan yung iisipin mo “Ano pa kayang trabaho ang makukuha ko? Call center na naman o clerical? Ba’t kasi ang bobo ko. Kung matalino lang ako, sana, sa Proctor and Gamble ako, o kung saang sikat na kumpanya.” 

Mas mahirap ang dinadaanan ng mga estudyanteng bumabagsak. Kahit na sabihin mong kasalanan nilang bumabagsak sila, hindi ninyo alam kung ano ang pakiramdam ng ganun. Madaling sabihin na “Kaya mo yan, mag-aral ka lang,” pero alam ba natin talaga ang sinasabi natin? 

Kapag ang isang estudyante ay bumabagsak sa unibersidad, nandiyan yung tatawanan niya lang yan. O di kaya naman, ipagmamalaki niya pang “TAKE 5 NA KO!!!” o “Pare, magpi-PhD na ako sa Anmath3/Calculus/etc.” Pero hindi alam ng mga isang Summa Cum Laude kung ano ang nasa isip ng isang normal na estudyante sa tuwing matutulog ito at alam niyang pag-gising niya, kailangan niya na namang ulitin ang isang subject na nakuha niya na sa susunod na term. 

Kahit kalian, hindi naging problema sa “Star Student” na sabihing “Nay, bagsak ako.” at hindi kailanman sumagi sa isip nila na “Paano kaya kung sa walang-pangalang kumpanya lang ako makapagtrabaho?” Dahil sigurado sila sa kinabukasan nila. 

Huwag na tayong maglokohan. Grades are everything. Kahit bali-baligtarin mo iyan, hindi magiging patas ang mga kumpanyang kumukuha ng fresh graduates para magtrabaho sa kanila. Minsan din naman, nadadaan sa palakasan, pero ganun pa din. Kung hindi ka academically good, wala kang patutunguhan. Kung hindi man yun, mas mahirap yung dadaanan mo para lang makaabot sa prestihiyosong posisyon. 

Kaya ngayong graduation, ang speech na ito ay inaaalay ko para sa mga estudyanteng lumagpak, muntik-muntikan nang masipa o yung sa lahat ng paraang pwede, ginawa na para lang makatapos. Gagawin kong patas ang mundo para sa inyo kahit isang araw lang. Kahit ano pa ang sabihin ng ibang tao, kesyo kasalanan mo man na pangit ang marka mo o muntik ka nang makick-out, saludo ako sa hindi mo pagtigil sa pag-aaral. Saludo ako na may lakas ka ng loob na harapin pa rin ang mundo kahit alam mong hindi ito magiging patas sa iyo. Saludo ako na kahit pangit ang transcript mo, taas noo ka pa rin ngayong graduation at proud na proud sa sarili mo.

Ano ngayon ang mangyayari sa mga graduates pagkatapos nitong graduation? Ayoko nang puntahan yung pwedeng mangyayari sa mga Cum Laude. Baduy. Alam mo namang may patutunguhan ang buhay nila e. Pero dun sa mga lumagpak, ano ang meron? 

Maaring makakuha kayo ng mediocre na trabaho lang. Pwede ka rin swertehin, baka makapagtrabaho ka sa magandang kumpanya. Madami pang pwedeng mangyari. Huwag kayong mawalan ng pag-asa. Kung nung college, nagtiyaga kayo e ba’t titigilan niyo yung pagti-tiyaga ngayon? 

Pwede ring ganito: Mag-aral ka ulit. Ipakita mo sa kanila na kung sisipagin ka lang, malayo ang mararating mo. Subukan mong patunayan sa kanila na kapag pinilit mo, kaya mo ring abutin yung naabot nila. Na hindi ka bobo, kundi tinamad ka lang. 

Baka sabihin ninyo, drowing lang ako. 

I’ve been on both sides. Naranasan ko na ring lumagpak, at muntikan na din akong masipa. Naranasan ko na ang umulit ng 4 na beses sa iisang subject. Naranasan ko na ang masumbatan ng magulang, kapatid at kung sino-sino pang propesor na walang pakialam sa pakiramdam ng estuyante. Naranasan ko nang hindi makatulog ng maraming gabi sa pagiisip kung paano ko na naman sasabihin sa magulang ko na may bagsak na naman ako. Kaya alam ko ang pakiramdam ninyo. 

Akin ang transcript na ito. 

Pagkagraduate ko ng college, ano ang ginawa ko? Eto. Nagtrabaho muna ng konti, tapos aral ulit. Kuha ng Masteral sa kurso ko. Hindi para sa trabaho o kung ano man. Kundi para patunayan sa sarili ko na noong mga panahong bumabagsak ako, tinatamad lang ako. 

This is a rebellion. I raise my middle finger to every professor, over-achiever, naysayer and detractor that told me that I can’t make it. I raise my middle finger to every valedictory or graduation speech that only gratifies the university, those who were achievers in school or those who gratify the country when it’s supposed to be the graduate’s moment of glory. You are supposed to acknowledge EVERYONE. Even those who failed many times. 

Kaya sa inyong mga graduates na medyo hindi maganda ang marka, para sa inyo ito. Kung kinaya ko ito, kaya niyo rin to. Imposibleng hindi.

Malamig na Ang Simoy ng Hangin-PASKUNA!!

5days to go before Christmas, although it is still 5 days i already feel the scent of Christmas. The start of Misa de Gallo/ Simbang Gabi, it is 9 days of preparation to Christmas, time of meditation but sad to say I was failed to attend this one I just missed the 3 days mass..:(( Others believe that if yu can complete the mass you can make a wish in the last mass,,hmmpff..well when i was young that was some of my superstitions believe but i was go older i still believe of it but of course you also need an action to grant your wishes. Last Saturday December 17 we celebrate our Christmas party in S.A. few of us only attended the party because some of my co-S.A. had there other commitment but still we had a lot of fun, we enjoy the party, it relieve stress, we also got some surprise gift, exchange gift, and it was party, party..:))

but one of our CC touch my heart in her speech.."we dont need to look our gift in the price itself, but the value in it, the effort of that person to give a gift, Christmas is for every we don't make this party just to give a gift but to have fun that the most essence of this party, YOU are the reason while CHRISTMAS is happening, everyday can be CHRISTMAS" what a nice speech right? so true...then she also share that she receive a text which i also receive: JESUS talk to SANTA CLAUS....

 JESUS: Alam mu SANTA CLAUS nakakainggit ka..( i really jealous to you)

SANTA CLAUS: ha??bakit naman? (ha?why so?)

JESUS: Kasi buti ka pa pag-CHRISTMAS naaalala ka nila samantala ako yung my birthday di man lang nila ako naalala..:( (Because during Christmas you are the who they get to remember while im the one who is celebrating his birthday)

it is simple text but if we read it a look for the sense it is really hurt that if JESUS CHRIST can only speak to us for sure this is what he will tell, let always remember that we much remember that JESUS CHRIST is the reason while we celebrate CHRISTMAS...

then last night i just watch some of the part in the Christmas Handog of ABS-CBN, then GARY V. had also deliver his talk, " That we don't need to find a manger because our heart is the true manger, that the true meaning of Christmas is love, peace, sharing"

CONTRACTS

               

           

Stages in the life of a contract:

1.     Preparation/Generation

2.     Perfection/Birth

3.     Consummation/Death

Characteristics of Contracts: (ROMA)

1.    Relativity (Art. 1311)

2.    Obligatoriness & Consensuality (Art. 1315)

3.    Mutuality (Art. 1308)

4.    Autonomy (Art. 1306)

Stipulation pour Autrui - stipulation in favor of a 3^rd party.

Requisites:

1.    The stipulation must be part, not whole of the contract;

2.    the contracting parties must have clearly and deliberately conferred a favor upon a 3^rd person;

3.    the 3^rd person must have communicate his acceptance;

4.    neither of the contracting parties bears the legal representation of the 3^rd party.

General Rule: Contracts (except real contracts) are perfected from the moment there is a manifestation of concurrence between the offer and the acceptance regarding the object and the cause.

Except: Acceptance by letter or telegram which does not bind the offerror except from the time it came to his knowledge.

Theories applied to perfection of contracts:

1.     Manifestation theory - the contract is perfected from the moment the acceptance is declared or made;

2.     Expedition theory - the contract is perfected from the moment the offeree transmits the notification of acceptance to the offerror;

3.     Reception theory - the contract is perfected from the moment that the notification of acceptance is in the hands of the offerror;

4.     Cognition theory - the contract is perfected from the moment the acceptance comes to the knowledge of the offerror. This is the theory adopted in the Philippines.

Persons incapacitated to give consent:

1.     Unemancipated minors;

Except:

·         Contracts for necessaries;

·         Contracts by guardians or legal representatives;

·         Contracts where the minor is estopped to urge minority through his own misrepresentation;

·         Contracts of deposit with the Postal Savings Bank provided that the minor is over 7 years of age.

2.     Insane or demented persons unless the contract was entered into during a lucid interval;

3.     Deaf-mutes who do not know how to write.

The following may not acquire by purchase, even by public or judicial auction, in person of though the mediation of another:

1.    the guardian, with respect to the property of his ward;

2.    agents, with respect to the property whose administration or sale may have been entrusted to them, unless the consent of the principal has been given;

3.    executor or administrator, the property of the estate under administration;

4.    public officers and employees, with respect to the properties of the government, its political subdivisions, GOCCs, that are entrusted to them;

5.    judges, justices, prosecuting atty.’s, clerks of courts, etc., the property in custogia legis; and

6.    any other person specially disqualified by law.

Simulation of a contract

Kinds of simulation:

1.     Absolute - no real transaction is intended;

Effect: simulated contract is      inexistent.

2.     Relative - the real transaction is hidden;

Effect: the apparent contract is void, but the hidden contract is valid if it is lawful and has the necessary requisites.

         : as to third persons without notice - the apparent contract is valid on the principle of estoppel.           

Effect of:

Absence of cause	the contract confers no right and produces no legal effect
Failure of cause	does not render the contract void
Illegality of cause	the contract is null and void
Falsity of cause	the contract is void unless the parties can show that there is another cause which is true and lawful
Lesion	does not invalidate the contract unless: ·         there is fraud, mistake or undue influence ·         when the parties intended a donation or some other contract.

Form of Contracts

Rules:

1.    Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present.

2.    Contracts must be in a certain form when the law requires that a contract be in some form to be:

·         valid;

·         enforceable;

·         for the convenience of the parties.

3.    The parties may compel each other to reduce the verbal agreements to writing except:

·         Solemn contracts such as the following:

a.    Donations of real estate or of movables if exceeding Ps 5,000;

b.    Transfer of large cattle

c.    Stipulation to pay interest in loans

d.    Sale of land through an agent (authority must be in writing)

e.    Partnership to which immovables are contributed

f.     Stipulation limiting carrier’s liability to less than extra-ordinary diligence

g.    Contracts of antichresis

h.    Sale of vessels

Note: in such case, if the contract       is not in writing it is VOID

·         Real contracts that require delivery for perfection.

·         In contracts under the Statute of Frauds where the party sued makes a timely objection to the absence of a written memorandum.

Reformation of instruments:

Requisites:

1.     Meeting of the minds to the contract;

2.     The true intention is not expressed in the instrument by reason of mistake, accident, relative simulation, fraud, inequitable conduct (MARFI).

3.     Clear and convincing proof of MARFI.

Cases when there can be no reformation:

1.     Simple, unconditional donations inter vivos;

2.     Wills;

3.     When the agreement is void.

Classes of Defective Contracts: (RUVI)

1.     Rescissible

2.     Unenforceable

3.     Voidable

4.     Void or Inexistent

COMPARATIVE TABLE OF DEFECTIVE CONTRACTS:

VOID	VOIDABLE	RESCISSIBLE	UNENFORCE-ABLE
1.     defect is caused by lack of essential elements or illegality 2.     not cured by prescription 3.     cannot be ratified 4.     not binding	1.     defect is caused by vice of consent 2.     cured by prescription 3.     can be ratified 4.     binding until annulled	1.     defect is caused by injury/ damage either to one of the parties of to a 3rd person 2.     cured by prescription 3.     need not be ratified 4.     binding unless rescinded	1.     defect is caused by lack of form, authority, or capacity of both parties 2.     not cured by prescription 3.     can be ratified 4.     binding unless the defect is raised against enforcement.

RESCISSIBLE CONTRACTS

Contracts which may be rescinded:

1.     those entered into by guardians where the ward suffers lesion of more than ¼ of the value of the things which are objects thereof;

2.     those agreed upon in representation of absentees, if the latter suffer lesion by more than ¼ of the value of the things which are subject thereof;

3.     those undertaken in fraud of creditors when

the latter cannot in any manner claim what are due them;

4.     those which refer to things under litigation if they have been entered into by the defendant without the knowledge and approval of the litigants and the court;

5.     all other contracts especially declared by law to be subject to rescission;

6.     payments made in a state of insolvency on account of obligations not yet enforceable;

Circumstances denominated as badges of fraud:

1.     consideration of the conveyance is inadequate or fictitious;

2.     transfer was made by a debtor after a suit has been begun and while it is pending against him;

3.     sale upon credit by an insolvent debtor;

4.     transfer of all his property by a debtor when he is financially embarrassed or insolvent;

5.    transfer is made between father and son, where there are present some or any of the above circumstances;

6.    failure of the vendee to take exclusive possession of the property;

Distinctions:

RESCISSION	RESOLUTION (Art. 1191)
1.    Action by the contracting parties even by a 3rd party; 2.    based on lesion/fraud of creditors; 3.    courts cannot grant periods for compliance	1.    Action only by the injured party; 2.    based on non-fulfillment of the obligation; 3.    courts may grant periods

VOIDABLE CONTRACTS

Causes of extinction of action to annul:

1.     Prescription

·         the action must be commenced within 4 years from:

·         the time the incapacity ends;

·         the time the violence, intimidation or undue influence ends;

·         the time the mistake or fraud is discovered.

2. Ratification

·         Requisites:

a.    there must be knowledge of the reason which renders the contract voidable;

b.    such reason must have ceased;

c.    the injured party must have executed an act which expressly or impliedly conveys an intention to waive his right.

3.    By loss of the thing which is the object of the contract through fraud or fault of the person who is entitled to annul the contract.

UNENFORCEABLE CONTRACTS

Kinds of unenforceable contracts:

1.    those entered into in the name of another by one without or acting in excess of authority;

2.    those where both parties are incapable of giving consent;

3.    those which do not comply with the Statute of Frauds.

Agreements within the scope of the Statute of Frauds:

1.    Agreements not to be performed within one year from the making thereof;

2.    Promise to answer for the debt, default or miscarriage of another;

3.    Agreement in consideration of marriage other than a mutual promise to marry;

4.    Agreement for the sale of goods, etc. at a price not less than Ps500.00

5.    Contracts of lease for a period longer than one year;

6.    Agreements for the sale of real property or interest therein;

7.    Representation as to the credit of a 3^rd person.

Modes of  Ratification:

1.    For contracts infringing the Statute of Frauds:

·         expressly

·         impliedly - by failure to object to the presentation of oral evidence to prove the contract, or by the acceptance of benefits under the contract.

2.    If both parties are incapacitated, ratification by their parents or guardians shall validate the contract retroactively.

VOID OR INEXISTENT CONTRACTS

The following contracts are void:

1.     Those whose cause, object or purpose is contrary to law, morals good customs, public order or public policy;

2.     Those whose object is outside the commerce of men;

3.     Those which contemplate an impossible service;

4.     Those where the intention of the parties relative to the principal object of the contract cannot be ascertained;

5.     Those expressly prohibited or declared void by law;

The following contracts are inexistent:

1.     Those which are absolutely simulated or fictitious;

2.     Those whose cause or object did not exist at the time of the transaction.

CONTRACTS

At 1305

ELEMENTS OF A CONTRACT

1. Essential Elements

 1.Consent

 2.Subject Matter

 3.Cause or Consideration

2. Natural Elements- presumed to exist, unless the contrary is stipulated

Ex. Warrants against eviction and against hidden defects

3. Accidental Elements – existence of such is dependent on the agreement of the parties.

Classification of Contracts

1. According to perfection or formation
1. Consensual
2. Real-perfected by delivery
3. Formal or Solemn

2. According to cause of equivalence of the value of prestations:
1. Onerous
2. Gratuitous or Lucrative
3. Remunerative

3. According to Importance or dependence of one upon another
1. Principal – can stand alone
2. Accessory – depends upon the existence of another contract
3. Preparatory – here, the parties do not consider the contract as an end by itself, but as a means thru which future transaction or contracts may be made

Ex. Agency, partnership

4. According to the parties obligated
1. Unilateral
2. Bilateral

5. According to their Name or Designation
1. Nominate
2. Innominate

6. According to the risk of fulfillment
1. Commutative
2. Alienatory

7. According to the time of performance or fulfillment
1. Executed- one completed at the time the contract is entered into
2. Executory – one where the prestations are to be complied with at some future time

8. According to subject matter
1. Contracts involving things
2. Contracts involving rights or credit
3. Contracts involving services

9. According to obligations imposed and required by law
1.  Ordinary
2. Institutional-like contract of marriage

10. According to the evidence required for its proof
1. Those requiring merely oral or parol evidence
2. Those requiring written proof

11. According to the number of persons actually and physically entering into the contracts
1. Ordinary – two parties are represented by different persons
2. Auto Contracts –where only one person represents two opposite parties, but in different capacities

12. According to the number of persons who participated in the drafting of the contract
1. Ordinary
2. Contract of Adherence

13. According to the nature of the contract
1. Personal
2. Impersonal

STAGES OF A CONTRACT

1. Preparation
2. Perfection
3. Consummation (or death or termination)

Basic Principles or Characteristics of a Contract

1. Freedom to stipulate
2. Obligatory force and compliance in good faith
3. Perfection by mere consent
4. Both parties are mutually bound
5. Relativity

Art 1306 – Freedom or autonomy of contract

Art 1307

Four Kinds of Innominate Contracts

1. Du ut des (I give that you may give)
2. Do ut facias (I give that you may do)
3. Facio ut des (I do that you may give)
4. Facio ut facias (I do that you may do)

Art 1308-1310

MUTUALITY OF CONTRACTS

• The validity or fulfillment of a contract cannot be left to the will of one of the contracting parties.
• The validity or fulfillment may be left to the will of a third person.
• The validity or fulfillment may be left to chance.

Art 1311

This principle stresses the Principle of Relativity.

                Contracts are generally effective only between the parties, their assigns and their heirs.

Exceptions:

1. Where the obligation arising from the contract are not transmissible by their nature, by stipulation, or by provision of law.
2. Where there is stipulation pour atrui (a stipulation in favor of a third party)
3. Where a third person induces another to violate his contract
4. Where, in some cases, third persons may be adversely affected by a contract where they did not participate.
5. Where the law authorizes the creditor to sue on a contract entered into by his debtor.

Art 1312

                A real right binds the property over which it is exercised.

                Exception to the general rule that a contract binds only the parties.

Art 1313

                Right of defrauded creditor.

Art 1314

Requisites before a third person in this article can be held for damages

1. Existence of a valid contract
2. Knowledge on the part of the third person of the existence of the contract
3. Interference by the third person without legal justification or excuse

Art 1315-1316

Perfection of contracts

Art 1317

Requisites for a Person to Contract in the Name of Another

a.        He must be duly authorized (expressly or impliedly)

2. Or he must have by law a right to represent him
3. Or the contract must be subsequently ratified

Art 1318

Requisites of Contracts

1. Consent (Art 1319-46)
2. Object (Art 1347-1349)
3. Cause (Art 1350-55)

Art 1319

Definition of Consent

                -Art 1319,first paragraph

Requisite of Consent

1. There must be two or more parties
2. The parties must be capable or incapacitated
3. There must be no vitiation of consent
4. There must be no conflict between what was expressly declared and what was really intended
5. The intent must be declared properly

Requisites for the meeting of minds

1. An offer that must be certain
2. And an acceptance must be unqualified and absolute

• Concurrence of offer and acceptance (Art 1319-26)
• Legal capacity of contracting parties (Art 1327-29)
• Characteristics of Consent (Art 1330-46)

Art 1320

Forms of Acceptance

Art 1322

                Acceptance of an Offer made thru an agent

Art 1323

Other instances when the offer becomes ineffective

a.              When the offeree expressly or impliedly rejects the offer

b.              When the offer is accepted with qualification or condition

c.               When before acceptance is communicated, the subject matter becomes illegal or impossible

d.              When the period of time given to the offeree within which he must signify his acceptance has already lapsed

e.              When the offer is rejected in due tome

Art 1324

Option Contract

Option- it is a contract granting a person the privilege to buy or not to buy certain objects at anytime within the agreed period at a fixed price

Perfection of Option

                When there is a meeting of minds on the option

Art 1325-1326

                If the advertisement contains all the specific particular needed in a contract, it is a definite offer.

                If important details are left out, the advertisement is not a definite offer, but a mere invitation to make an offer.

Art 1327 in relation to Art 1329

                Who cannot give consent.

Art 1328

                Voidable contracts by reason of incapacity

Art 1330

                This article enumerates causes or vices of consent.

Art 1331 in relation to Art 1333

Mistake

                It is a false belief about something.

Requisites for mistake to vitiate consent

1. Object of the contract
2. The condition which principally proved or induced one of the parties
3. Identify or qualifications, but only if such was the principal cause of the contract.
4. The error must be excusable
5. The error must be a mistake of fact

Kinds of Mistake

1. Mistake as to the object
1. Mistake as the identity of the thing
2. Mistake as to the substance of the thing
3. Mistake as to the conditions of the thing
4. Mistake as to the quantity of the thing

2. Mistake as to person
1. Mistake must be either with regards to the identify or with regard to the qualification of one of the contracting parties
2. Such identity or qualification must have been the principal consideration for the celebration of the contract

Art 1332

                Burden of proof in case of mistake

Art 1333

                Effect of knowledge of risk

Art 1334

Mistake of Law

                Is that which arises from an ignorance of some provision of law, or from an erroneous interpretation of its meaning, or from an erroneous conclusion as to the legal effect of the agreement, on the part of one of the parties.

Requisites:

1. There must be mutual error
2. The error must refer to the legal effect of the agreement
3. The real purpose of the parties is frustrated

Art 1335-1336

                Violation refer to physical coercion

                Intimidation refers to moral coercion

Requisites for violence to vitiate consent

1. Employment of serious or irresistible force
2. It must have been the reason why the contract was entered into

Requisites for intimidation to vitiate consent

1. Reasonable and well-grounded fear
2. Of an imminent and grave evil
3. Upon his person, property, or upon the person of property of his spouse, descendents or ascendants
4. It must have been the reason why the contract was entered into
5. The threat must be an unjust act, an actionable wrong

Art 1337

Requisites for undue influence to vitiate consent

1. Improper advantage
2. Power over the will of another
3. Deprivation of the latter’s will of a reasonable freedom of choice

Art 1338-1341

Kinds of Fraud

1. Fraud in the celebration of the contract

1.                Dolo Causante or causal fraud (Art 1338)

2.                Dolo Incidente of incidental fraud

2. Fraud in the performance of the obligations stipulated in the contract

Requisites of Dolo Causante

1. The fraud must be material and serious
2. The fraud must have been employed by one of the contracting parties, because if both committed fraud, the contract would remain valid
3. There must be a deliberate intent to deceive to induce
4. The other party must have relied on the untrue statement, and must himself not be guilty of negligence in ascertaining the truth

Art 1342-1344

                Speaks about misrepresentation

Art 1345-1346

Simulation

Simulation of a Contract defined            

It is the process of intentionally deceiving others by producing the appearance of a contract that really does not exist (absolute simulation)

Or which is different from the true agreement relative simulation.

Kinds

a.        Absolute; Effect; the contract is void

b.        Relative; Effect; the parties are bound to the real or true agreement except-

a.        If the contract should prejudice third persons

b.        Or if the purpose is contrary to law, morals, public order, policy or good customs

Requisites

a.         An outward declaration of will difference from the will of the parties

b.         The false appearance must have been intended by mutual agreement

c.         The purpose is to deceive third persons

Art 1347-1349

Objects (Subject Matter) of a contract

-          A thing or a service

Requisites

1. The thing or service must be within the commerce of man
2. Must be transmissible
3. Must not be contrary to law, morals, good customs, public order, or public policy
4. Must not be impossible
5. Must be determinate as to its kind or determinate without the need of a new contract or agreement

CAUSE OF CONTRACTS

Art 1350

“Cause” defined

                -It is the essential and impelling reason why a party assumes an obligation

Art 1351

Motive – is the purely personal or private reason which a party has in entering into a contract

 Motive vs. Cause

Motive

1. May vary although he enters into the same kind of contract
2. May be unknown to the other
3. The presence of motive

Cause

1. Always the same
2. Always known
3. Cannot cure the absence of cause

Art 1352-1355

Requisites for cause

1. It must be present
2. It must be true
3. It must be lawful

CHAPTER 3

FORM OF CONTRACTS

Art 1356

Meaning of form of contracts

                -Refers to the manner in which a contract is executed or manifested

Rules regarding from of contracts (Art 1356)

Art 1357-1358

Principles regarding formalities for the efficacy of a contract

1. Art 1357 and Art 1358 do not require the execution of a contract either in a public or private instrument in order to validate enforce it but only to ensure its efficacy, so after its existence has been admitted, the party bound may be compelled to execute the necessary document
2. Even where the contract has not been reduced to the required form, it is still valid and binding as far as the parties are concerned
3. From the moment one of the contracting parties invokes the provisions of Art 1357 and 1358by means of a proper action, the effect is to place the existence of the contract in issue, which must be resolved by the ordinary rules of evidence
4. Art 1357 does not require that the action to compel the execution of the necessary document must precede the action upon the contract
5. However, although the provisions of Art 1357 in connection with those of Art 1358, do not operate against the validity of the contract nor the validity of the acts voluntarily performed by the parties for the fulfillment thereof, yet from the moments when any of the contracting parties invokes said provisions, it is evident that under them the execution of the required document must precede the determination of the other obligations derived from the contract

CHAPTER 4

REFORMATION OF INSTRUMENT

Reformation – is that remedy by means of which a written instrument is amended or rectified so as to express or conform to the real agreement or intention of the parties when by reason of mistake, fraud, or inequitable contract, or accident the instrument fails to express such agreement or intention.

Requisites for reformation

1. There is a meeting of minds of the parties to the contract
2. The written instrument does not express the true agreement or intention of the parties
3. The failure to express the true intentions is due to mistake, fraud, inequitable conduct or accident
4. The facts upon which relief by way of reformation of the instrument is sought are put in issue by the pleadings
5. There is clear and convincing evidence of the mistake, fraud, inequitable conduct, or accident

Reformation vs. Annulment

                In reformation, there has been a meeting of the minds of the parties, hence, a contract exists while in annulment, there has been none, the consent of one of the parties being vitiated by mistake, etc.

Art 1360-69

Art 1360

                Rule in case of conflict

Art 1366

                Instances when reformation is not allowed

CHAPTER 5

INTERPRETATION OF A CONTRACT

Art 1370

Definition of interpretation of contract

                -Is the determination of the meaning of the terms or words used by the parties in their contract

Art 1371-79 (provisions)

Kinds of defective contracts

1. Rescissible (Art 1380-89)
2. Voidable (Art 1390-1402)
3. Unenforceable (Art 1403-1408)
4. Void or Inexistent (Art 1409-1422)

Art 1381 in relation to Art 1382

Meaning of rescissible contracts

                -Those validly agreed upon because all the essential elements exists but in some cases established by law, the remedy of rescission is granted in the interest of equity

Requisites of rescission

1. The contracts must be validly agreed upon
2. There must be lesion or pecuniary prejudice to one of the parties or to a third person
3. The rescission must be based upon a case especially provided by law
4. There must be no other legal remedy to obtain reparation of the damages
5. The party asking for rescission must be able to return what he is obliged to restore by reason of the contract
6. The object of the contract must not legally             
7. The object of the contract must not legally be in the possession of third persons who did not act in bad faith
8. The period for filing the action of rescission must have not prescribed

Meaning of Rescission

                -Remedy granted by law to the contracting parties and sometimes even to third persons in order to secure reparation of damages caused by them by a valid contract, by means of the restoration of things to their condition in which they were prior to the celebration of the said contract.

Art 1385

                Effects of rescission

Art 1324

                Prescription

VOIDABLE CONTRACTS

Definition

                -Are those which possess all the essential requisites of a valid contract but one of the parties is incapable of giving consent, or consent is vitiated by mistake, violence, intimidation, undue influence, or fraud

Characteristics

1. Their defect consist in the vitiation of consent of one of the contracting parties
2. They are binding until they are annulled by competent court
3. They are susceptible of convalidation by ratification or by prescription

Voidable vs. Rescissible Contracts

Voidable

1. Defect is intrinsic
2. Contract is voidable even if there is no damage or prejudice
3. Annulability of the contract is based on law
4. Susceptible of ratification
5. The causes of annulment

The causes of rescission

Rescissible

1. Defect is extrinsic
2. Contract is not rescissible id there is no damage or prejudice
3. Rescissibility of the contract is based on equity
4. Not susceptible of ratification
5. Are different form

Art 1390

                Voidable contracts

Art 1391

                Prescription

Art 1392-96

Concept of Ratification

                -By virtue of which efficacy is given to a contract which suffers from a vice of curable nullity

Requisites for ratification

1. The contract should be tainted with a vice which is susceptible of being cured
2. The confirmation should be effected by the person who is entitled to do so under the law
3. It should be effected with knowledge of the vice or defect of the contract
4. The cause of the nullity or defect should have already disappeared

Art 1397 in relation to Art 1391

                -Who and when may an action for annulment of contract be instituted

Art 1398-99

Effects of annulment

Art 1400-02

- Effect pf failure to make restitution

-Where loss is due to fault of plaintiff

-Where loss is due to fault of defendant

-Where loss is due to fortuitous event

CHAPTER 8

UNENFORCEABLE CONTRACTS

Meaning of unenforceable contracts

                -Those that san not be enforced in court or sued upon by reason of defects provided by law until and unless they are ratified according to law.

Kinds:

1. Those entered into in the name of another by one without or acting in excess of authority
2. Those that do not comply with the statute of fraud
3. Those where both parties are incapacitated of giving consent

Unauthorized contracts

                -Those entered into in the name of another person by one who has been given no authority or legal representation on who has acted beyond his powers.

Characteristics of Unenforceable Contracts

1. They can not be enforced by a proper action in court
2. They are susceptible of ratification
3. They can not be assailed by third persons

Unenforceable vs. Rescissible

1. An unenforceable contract cannot be enforced by a proper action in court, while a rescissible contract can be enforced, unless it is rescinded
2. The causes for the unenforceable character of the former are different from the causes fro the rescissible character of the latter
3. The former is susceptible of ratification, while the latter is not
4. The former cannot be assailed by third persons, while the latter may be assailed by third persons who are prejudiced

Unenforceable vs. Voidable

1. An unenforceable contract cannot be enforced by a proper action in court, while a voidable contract can be enforced, unless it is annulled
2. The causes for the unenforceable character of the former are different from the causes for the voidable character of the latter

STATUTE OF FRAUDS

Purpose

                -Not only to prevent fraud but also to guard against the mistakes of honest men by requiring that certain agreement specified must be in writing.

Application

1. Not applicable in actions which are neither for damages because of a violation of a contract, nor for the specific performance thereof
2. Applicable only to executory contracts and not to contracts which are totally or partially performed
3. Not applicable where the contract is admittedly expressly, or impliedly by the failure to deny specifically its existence, no further evidence thereof being required in such case.
4. Applicable only to the agreements enumerated therein
5. Not applicable where a writing does not express the true agreement of the parties
6. It does not declare the contracts infringing it are void but merely unenforceable
7. The defense of the statute of frauds may be waived
8. The defense of the statute of frauds is personal to the parties and cannot be enforced by strangers to the contract

Effect of Non-Compliance

                -The contract or agreement is unenforceable by action

Ratification of Unenforceable Contracts

Either by: a. the failure of object to the presentation of oral existence to prove the same

3. The acceptance of benefits under them

Art 1404-1408 (provisions)

CHAPTER 9

VOID OR INEXISTENT CONTRACTS

Void Contracts

                -Those, which of certain defects generally produce no effect at all

Inexistent Contracts

                -Refer to agreements which lack one or some or all the elements or do not comply with the formalities which are essential for the existence of a contract

Characteristics of a Void or Inexistent Contracts

1. Generally, it produces no effect
2. It cannot be ratified
3. The right to set up the defense of legality cannot be waived
4. The action or defense for the declaration of its inexistence does not prescribe
5. The defense of illegality is not available to third persons whose interests are not directly affected
6. It cannot give rise to a valid contract

Art 1410

                -Imprescriptibility of void or inexistent contract

Art 1411-1412

Where both parties are in pari delicto

1. The parties shall have no action against each other
2. Both shall be prosecuted
3. The things or the price of the contract, as the effects of the crime shall be confiscated in favor of the government

Where only one party is guilty

                -The rule in paragraph 1 of Art 1411 applies only to the guilty party or the more guilty party

Exceptions to the principle of pari delicto

                Art 1413-1419