Republic of the Philippines
CAMARINES SUR POLYTECHNIC COLLEGES
Nabua, Camarines Sur
COLLEGE OF HEALTH SCIENCES
S/Y 2024-2025
WHAT IS A CONTRACT? Example: obligation to pay taxes and
obligation to support one’s family
- Article 1305 gives the general definition of
(2) Contracts; when they arise from the
contracts: "A contract is a meeting of minds
stipulations of the parties.
between two persons whereby one binds
Example: obligation to repay a loan by
himself, with respect to the other, to give
virtue of an agreement
something or to render some service." In
(3) Quasi-contracts; when they arise from
addition to these general rules on contracts,
lawful, voluntary and unilateral acts which
specific provisions are laid down regarding
are enforceable to the end that no one shall
trusts (art. 1440), sales (art. 1458), lease
be unjustly enriched or benefited at the
(art. 1642).
expense of another.
- It requires three elements namely:
Example: obligation to return money paid
Parties must manifest
by mistake or which is not due
their consent to be bound by the
(4) Acts or omissions punished by law;
contract by making and accepting an
when they arise from civil liability which is
offer.
the consequences of a criminal offense.
The product or service which is
Example: obligation of the thief to return
the object of the contract must be
the car stolen by him/her.
within the commerce of man and is
(5) Quasi-delicts. when they arise from
not contrary to law, morals, good
damage caused to another through an act
customs, public order, and public
or omission, there being fault or negligence,
policy.
but no contractual relation exists between
There must be a cause or
the parties.
consideration, which the Philippine
Example: obligation of the possessor of an
Supreme Court defines as “the
animal to pay for the damages which it may
essential reason which moves the
have caused.
contracting parties to enter into the
contract.”
“Article 1158. Obligations derived from law
WHAT IS AN OBLIGATION? are not presumed. Only those expressly
determined in this Code or in special laws
- According to Article 1156, an obligation is
are demandable, and shall be regulated by
a juridical necessity to give, to do or not to
the precepts of the law which establishes
do. (n) Article 1157. Obligations arise from:
them; and as to what has not been
(1) Law; wherein they are imposed by law foreseen, by the provisions of this Book.
itself. (1090).”
NCM 119: NURSING JURISPRUDENCE
Carl Andre S. Reyes BSN-4C
Republic of the Philippines
CAMARINES SUR POLYTECHNIC COLLEGES
Nabua, Camarines Sur
COLLEGE OF HEALTH SCIENCES
S/Y 2024-2025
“Article 1159. Obligations arising from 2. Statutory Rights: These are rights
contracts have the force of law between the established by specific laws passed by the
contracting parties and should be complied legislative body, such as labor rights,
with in good faith. (1091a) “ consumer rights, and privacy rights.
“Article 1160. Obligations derived from 3. Natural Rights: These are inherent rights
quasi-contracts shall be subject to the believed to be based on human nature or
provisions of Chapter 1, Title XVII, of this moral principles, and are often cited as
Book. (n) “ universal or inalienable rights, like the right
“Article 1161. Civil obligations arising from to dignity and equality.
criminal offenses shall be governed by the
WHAT IS A CONTRACT AND AGREEMENT
penal laws, subject to the provisions of
DISTINGUISHED?
article 2177, and of the pertinent provisions
of Chapter 2, Preliminary Title, on Human CONTRACT:
Relations, and of Title XVIII of this Book, A contract is a formal, legally binding
regulating damages. (1092a) “ agreement made between two
“Article 1162. Obligations derived from parties with a common interest in
quasi-delicts shall be governed by the mind. This creates “mutual
provisions of Chapter 2, Title XVII of this obligations that are enforceable by
Book, and by special laws. (1093a)” law.”
In nearly all cases when a contract is
WHAT IS A RIGHT?
formed, the arrangement begins
- generally defined as a legal, moral, or with an offer and then several other
natural entitlement that a person has to key elements must be satisfied to
perform certain actions, enjoy certain codify the contract.
benefits, or be protected against certain Is only legally enforceable
harms. It establishes a just claim that can be Has to create some legal obligation
enforced by law and often corresponds with All contracts are also agreements
duties or obligations on the part of others to
AGREEMENT:
respect or uphold that right.
a similarly engineered deal between
Rights are classified into categories parties with a common interest, but
including: it does not rise to the same level of
1. Constitutional Rights: These are rights legal enforceability that a contract
guaranteed by the Philippine Constitution, does. As such, an agreement is
such as the right to life, liberty, and simply the “manifestation of mutual
property, as well as freedoms of speech, assent by two or more persons to
religion, and assembly. one another.” This “meeting of the
NCM 119: NURSING JURISPRUDENCE
Carl Andre S. Reyes BSN-4C
Republic of the Philippines
CAMARINES SUR POLYTECHNIC COLLEGES
Nabua, Camarines Sur
COLLEGE OF HEALTH SCIENCES
S/Y 2024-2025
minds” indicates common intentions Limitations by law - Stipulations in a
and is expressed through an offer contract must not be in violation of
and an acceptance. mandatory and prohibitory laws,
Socially accepted agreements may unless the law itself authorizes the
not be legally enforceable validity of such acts. A rule, an
Does not create any legal obligations existing law enters and into and
An agreement may or may not be a forms part of a valid contract
contract. without the need for the parties
expressly making reference to it.
WHAT IS A WORK CONTRACT?
Limitations by Morals - Morals refer
- also called as an “Employment Contract”, to norms of conduct universally
an agreement whereby an employee would accepted as rules not based on law
but on principles of morality.
render services in exchange for
Morality in turn is based on man’s
compensation to be paid by the employer.
faculty of knowing how to
- An employment contract is consensual and distinguish between what is right
voluntary. It only requires mutuality of from what is wrong.
consent between the parties. Generally, Limitations by Good Customs -
employment contracts do not need to be in Good customs refer to the generally
writing, except when the law or rules accepted principles of morality
which have received some social and
require. For instance, an employment
practical recognition in the
contract between a contactor/subcontractor community for a long period of time.
and its employees must be in writing Thus, contracts which have immoral
pursuant to an administrative rule currently aims are contrary to good customs.
in force. Limitations by Public Order - Public
order refers to public safety of the
WHAT IS A FREEDOM OF CONTRACT? people which includes the
maintenance of peace and order
- The freedom of contract is both a
both in the entire country and in a
constitutional and statutory right. Article particular community.
1306 states that the contracting parties may Limitations by Public Policy - Public
establish such stipulations, clauses, terms policy is the express will of the State.
and conditions as they may deem A contract is contrary to public
convenient, provided they are not contrary policy if it has a tendency to injure
to law, morals, good customs, public order, the public, is against the public
good, or contravene some
or public policy.
established interest of society, or
Limitations of which Parties may establish tends clearly to undermine the
Stipulations of the Contract:
NCM 119: NURSING JURISPRUDENCE
Carl Andre S. Reyes BSN-4C
Republic of the Philippines
CAMARINES SUR POLYTECHNIC COLLEGES
Nabua, Camarines Sur
COLLEGE OF HEALTH SCIENCES
S/Y 2024-2025
security of the individuals (Gabriel vs Civil Code of the Philippines, specifically
Monte de Piedad 71 Phil 500). Title II, which defines their nature,
requisites, and classifications.
WHAT ARE THE STAGES OF A CONTRACT?
1. Unilateral and Bilateral Contracts: A
- A contract has three distinct stages:
unilateral contract is where only one party
1. Preparation or negotiation has an obligation to perform, while a
- begins when the prospective contracting bilateral contract obligates both parties to
parties manifest their interest in the perform certain duties.
contract and ends at the moment of their
2. Onerous and Gratuitous Contracts: In
agreement.
onerous contracts, both parties exchange
2. Perfection or birth of the contract
valuable consideration. On the other hand,
- occurs when they agree upon the essential
a gratuitous contract is one where only one
elements thereof.
party, benefits, without a return obligation.
3. Consummation
- the last stage, occurs when the parties 3. Nominate and Innominate Contracts:
fulfill or perform the terms agreed upon in Nominate contracts are specifically
the contract, culminating in the regulated by law, such as sales, lease, or
extinguishment thereof. agency contracts. Innominate contracts are
those that do not have a specific name
WHAT ARE THE ESSENTIAL REQUISITES OF
under the law, yet they can still be valid as
A CONTRACT?
long as they comply with the essential
- Article 1318. There is no contract unless requisites of a contract.
the following requisites concur:
1. As to Form
(1) Consent of the contracting parties;
Consensual Contracts: These are
(2) Object certain which is the subject
perfected by mere consent (e.g.,
matter of the contract;
contracts of sale or lease).
(3) Cause of the obligation which is
established. Real Contracts: Require the delivery
of the object to be perfected (e.g.,
https://jurisdoctor1a.wordpress.com/ pledge, deposit, or commodatum).
2019/04/03/chapter-2-essential-requisites-
Formal or Solemn Contracts:
of-contracts/
Require a specific form for validity
WHAT ARE THE KINDS OF CONTRACTS? (e.g., donation of immovable
property, marriage contracts).
NCM 119: NURSING JURISPRUDENCE
Carl Andre S. Reyes BSN-4C
Republic of the Philippines
CAMARINES SUR POLYTECHNIC COLLEGES
Nabua, Camarines Sur
COLLEGE OF HEALTH SCIENCES
S/Y 2024-2025
2. As to Cause or Purpose Preparatory Contracts: Entered into
as a preliminary step to facilitate the
Onerous Contracts: Involves a
execution of another contract (e.g.,
reciprocal obligation where both
agency).
parties receive an equivalent benefit
(e.g., a contract of sale). Principal Contracts: Independent
contracts that do not depend on
Gratuitous Contracts: Only one
others for existence (e.g., sale).
party benefits, and the other does
not receive an equivalent return Accessory Contracts: Dependent on
(e.g., donation). a principal contract (e.g., mortgage,
pledge).
Remuneratory Contracts: A benefit
is given as compensation for a past 6. As to Enforcement
service (e.g., contracts to reward a
Valid Contracts: Meet all the
past act).
essential requisites for validity (e.g.,
3. As to Nature of Obligation consent, object, cause).
Unilateral Contracts: Only one party Voidable Contracts: Have a defect in
is obligated to fulfill an obligation consent, making them rescindable
(e.g., donation). (e.g., contracts entered into by
minors).
Bilateral Contracts: Both parties are
bound by mutual obligations (e.g., Void Contracts: Lacks essential
contracts of sale). requisites or involves an unlawful
object or cause (e.g., illegal
4. As to Parties' Relationship
agreements).
Nominate Contracts: Specifically
Unenforceable Contracts: Cannot be
named and regulated by law (e.g.,
enforced due to a defect in form or
sale, lease, partnership).
representation (e.g., oral
Innominate Contracts: Not agreements required to be in writing
specifically named but are valid under the Statute of Frauds).
under the principle "The contract
Rescissible Contracts: Valid but may
serves as the law between the
be rescinded due to prejudice to
parties" (e.g., "do ut des" – I give
third parties or the contracting
that you may give).
parties (e.g., contracts made during
5. As to Perfection insolvency
NCM 119: NURSING JURISPRUDENCE
Carl Andre S. Reyes BSN-4C
Republic of the Philippines
CAMARINES SUR POLYTECHNIC COLLEGES
Nabua, Camarines Sur
COLLEGE OF HEALTH SCIENCES
S/Y 2024-2025
WHAT ARE SPECIAL OF CONTRACTS? a movable property to a creditor as security
for the payment of an obligation. It is
- A contract that is signed and has the (wax)
governed by Articles 2085 to 2092 of the
seal of the signer attached to the special
Civil Code of the Philippines. The creditor
contract.
holds the pledged property as collateral and
1. Contract of Indemnity is an agreement has the right to dispose of it if the debtor
where one party promises to compensate fails to fulfill their obligation.
another for losses, damages, or liabilities
5. A marriage contract is a legal document
arising from a specified event or obligation.
and agreement between two parties,
The contract is founded on the principle of
solemnized in accordance with the Family
restoring the party suffering the loss to their
Code of the Philippines, which governs
original position as far as possible.
marriages. It signifies the lawful union of a
2. A Contract of Guarantee is an agreement man and a woman, creating mutual rights
where a third party, known as the and obligations between them as spouses
guarantor, binds themselves to ensure the and, if applicable, as parents to their
fulfillment of an obligation by the principal children.
debtor. If the debtor fails to meet their
WHAT IS DU UT DES?
obligations, the guarantor becomes liable to
the creditor. This type of contract is - Du ut des" is a Latin phrase meaning "I
governed by the Civil Code of the give so that you may give." In legal terms, it
Philippines under Articles 2047 to 2084. refers to an agreement or contract where
one party gives something to another in
3. A contract of bailment refers to a
exchange for something else. This principle
contract of deposit or commodatum, which
underlies the idea of reciprocity and is
involves the delivery of an object by one
foundational to bilateral contracts in many
party (the bailor) to another (the bailee) for
legal systems, including Philippine law.
a specific purpose, under the condition that
In the context of Philippine law, the
the object will be returned or otherwise
principle of du ut des is implicitly applied in
dealt with as agreed. While the Civil Code of
contracts governed by the Civil Code of the
the Philippines does not explicitly use the
Philippines, particularly in onerous
term "bailment," it embodies its principles
contracts where both parties are expected
in Articles 1933 to 1954 under contracts of
to perform reciprocal obligations.
loan (commodatum) and Articles 1962 to
2009 under contracts of deposit. WHAT IS DU UT FACIAS?
4. A contract of pledge is a type of - The phrase "Du ut facias" is a Latin term
accessory contract where a debtor delivers meaning "I give so that you may do" and is
NCM 119: NURSING JURISPRUDENCE
Carl Andre S. Reyes BSN-4C
Republic of the Philippines
CAMARINES SUR POLYTECHNIC COLLEGES
Nabua, Camarines Sur
COLLEGE OF HEALTH SCIENCES
S/Y 2024-2025
recognized in legal principles as a form of obligations of both parties are reciprocal—
contractual relationship. It describes a each party does something in exchange for
situation where one party provides the other’s performance of an obligation.
something (e.g., money, goods) in exchange
for the performance of a service or an act
by the other party.
In Philippine law, the principle of du ut
facias applies to onerous contracts and is
particularly evident in contracts for services
under the Civil Code of the Philippines.
WHAT IS FACIO UT DES?
- "Facio ut des" is a Latin phrase meaning "I
do so that you may give." It describes a
type of contractual relationship where one
party performs an act or service in exchange
for something given by the other party.
In Philippine law, the principle of facio ut
des applies to agreements and contracts
where the performance of an act (a service
or obligation) is exchanged for the delivery
of goods or payment. This principle is most
evident in contracts for hire of services and
other onerous bilateral contracts governed
by the Civil Code of the Philippines.
WHAT IS FACIO UT FACIAS?
"Facio ut facias" is a Latin phrase meaning
"I do so that you may do". In legal terms, it
refers to a contractual relationship in which
one party performs an act or provides
something to the other party with the
expectation that the other party will
perform a similar act or service in return.
In Philippine law, this principle applies
primarily in bilateral contracts where the
NCM 119: NURSING JURISPRUDENCE
Carl Andre S. Reyes BSN-4C
