Professional Documents
Culture Documents
009 - F.forms of Contracts - I.voidable Contracts
009 - F.forms of Contracts - I.voidable Contracts
Contracts
F. Forms of Contracts Arts. 1356-1358
Article 1356. Contracts shall be obligatory, in
whatever form they may have been entered into,
provided all the essential requisites for their validity
are present. However, when the law requires that a
contract be in some form in order that it may be
valid or enforceable, or that a contract be proved in
a certain way, that requirement is absolute and
indispensable. In such cases, the right of the parties
stated in the following article cannot be exercised.
(1278a)
Article 1357. If the law requires a document or
other special form, as in the acts and contracts
enumerated in the following article, the contracting
parties may compel each other to observe that form,
once the contract has been perfected. This right
may be exercised simultaneously with the action
upon the contract.
Article 1358. The following must appear in a public
document:
1) Acts and contracts which have for their
object,
the
creation,
transmission,
modification or extinguishment of real rights
over immovable property; sales of real
property or of an interest therein are
governed by Articles 1403, No. 2, and 1405;
2) The cession, repudiation or renunciation of
hereditary rights or of those of the conjugal
partnership of gains;
3) The power to administer property, or any
other power which has for its object an act
appearing or which should appear in a public
document, or should prejudice a third
person;
4) The cession of actions or rights proceeding
from an act appearing in a public document.
All other contracts where the amount involved
exceeds Five hundred pesos must appear in writing,
even a private one. But sales of goods, chattels or
things in action are governed by Articles 1403, No. 2
and 1405 (1280a)
1.
2.
(d)
(e)
(f)
Article
1403. The
following
contracts
unenforceable unless they are ratified:
are
of
attorney
are
(a)
(b)
(c)
real
rights
over
c.
pay
the
private
ratio
Section 10, Rule XIV, Book V of the Labor Code
states that no clearance is required if the shutdown of
establishment is due to serious accidents, fire, flood
or other disaster, calamity or public emergencies,
provided that the employer makes a report thereon to
the Regional Office.
Section 11 (c), Rule XIV, Book V of the Labor Code
states that an employer shall submit a report to the
Regional Office on the following instances of
termination of employment, suspension, layoff or
shutdown which may be effected by the employer
issue
WON the enforcement of the contract pleaded in the
complaint is barred by the Statute of Frauds NO
ratio
The Statute of Frauds, embodied in Article 1403 of
the Civil Code of the Philippines, does not require that
the contract itself be in writing. The plain text of Article
1403, paragraph (2) is clear that a written note or
memorandum, embodying the essentials of the
contract and signed by the party charged, or his agent,
suffices to make the verbal agreement enforceable,
taking it out of the operation of the statute.
In the case at bar, the complaint pleads that the
deal had been closed by letter and telegram" and the
letter referred to was evidently the one copy of which
was appended to plaintiff's opposition to the motion
dismiss. The 2 letters appended in the opposition to
the MTD constitute an adequate memorandum of the
transaction. They are signed by the defendantappellee; refer to the property sold as a lot in Puerto
Princesa, Palawan, covered, by TCT No. 62; give its
area as 1826 square meters and the purchase price of
four (P4.00) pesos per square meter payable in cash.
The letters contain all the essential terms of the
contract, and they satisfy the requirements of the
Lim v. CA 99
petitioner
s
responde
nts
summary
(1980)
Lim Yhi Luya
Hind Sugar Company
x
issue
Whether the statement in the contract can be
construed as proof that the petitioner has paid NO
Ratio
10
11
12
Voidable Contracts
1327-1328, 1330
Arts.
1390-1402,
following
contracts
are
13
b.
c.
d.
e.
f.
14
3.
15
Soledad
16
issue
Is there a presumption of fraud?
ratio
Yes. Alienations by onerous title are presumed
fraudulent when made by persons against whom some
judgment has been rendered or some writ of
attachment has been issued. Benigno was ordered by
the Court to pay Cabaliw support and he failed to do
so. Instead, he sold his properties to his son-in-law. The
close relationship between Benigno and Soterro is a
badge of fraud. Soterro knew about the judgment
against Benigno but proceeded to purchase the
properties anyway. He cannot be said to be a purchaser
in good faith. The presumption of fraud is not
overcome by the fact that the transactions were all
made in the nature of public instruments between
Soterro and Benigno. The properties sold were conjugal
properties. These cannot be sold without Cabaliws
consent.
Ratio
When the transaction involves a parcel of land,
the 4 year period fixed in Art. 1391 within which to
bring an action for annulment of deed shall be
computed from the registration of the conveyance
(March 5, 1963) on the familiar theory that the
registration of the document is constructive notice of
the conveyance to the whole world.
HSBCs theory that the 4 year period
commenced to run from the date when it obtained
actual knowledge of the fraudulent sale of Paulis land
to the Gargarenas (sometime in 1969) and hence, the
4 year period did not yet expire when it filed the case
on Feb 17, 1971, is NOT acceptable. That theory would
diminish public faith in the integrity of torrens titles
and
impair
commercial
transactions
involving
registered lands for it would render uncertain the
computation of the period for the prescription of such
actions.
Voidable Contracts
Felipe v. Heirs of Aldon (1983)
petitioner Eduardo Felipe, Hermogena Felipe and
s
Vincent Felipe
responde
Heirs of Maximo Aldon et. al.
nts
facts of the case
During the marriage of Maximo Aldon and Gemina
Almorasa, they bought several pieces of land. The
17
18
19