BASCS ! "B#$A%"!S "B#$A%"!S A!& C"!%'AC%S
Civil Code Provisions on "(ligations: Article 1156. *n obligation is a /uridical necessity to give, to do or not to do. n" 1 enforceable by the courts. Article 1157. Obligations arise from: !" 2aw$ %" 3ontracts$ &" 4uasi1contracts$ '" *cts or omissions punished by law$ and (" 4uasi1delicts. Article 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. 1 contract is the law between the parties, but provisions in the contract contract which are against the law are void.
Article 1166. The 1166. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. Article 1167. If 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed observed if he does does it in contravention contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. Article 1168. hen 1168. hen the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Article 1169. Those 1169. Those obliged to deliver or to do something incur in delay from the time the obligee /udicially /udicially or extra/udiciall extra/udicially y demands from from them the fulllment of their obligation. 0owever, the demand by the creditor shall not be necessary in order that delay may exist: !" hen the obligation or the law expressly so declare$ or %" hen from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract$ or &" hen demand would be useless, as when the obligor has rendered it beyond his power to perform.
Civil Code Provisions
In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fullls his obligation, delay by the other begins. Article 1170. Those 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages. Article 1231. Obligations 1231. Obligations are extinguished: extinguished: !" #y payment or performance$ %" #y the loss of the thing due$ &" #y the the condonation or remission remission of the debt$ '" #y the confusion or merger of the rights of creditor and debtor$ (" #y compensation$ )" #y novation.
on Contracts: Article 1305. * 1305. * contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. Article 1306. The 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. Article 1308. The 1308. The contract must bind both contracting parties$ its validity or compliance cannot be left to the will of one of them. Article 1317. +o 1317. +o one may contract in the name of another without being authoried by the latter, or unless he has by law a right to represent him. * contract entered into in the name of another by one who has no authority or legal representation, or who has acted beyond his powers, shall be unenforceable, unless it is ratied, expressly or impliedly, by the person on whose behalf it has been executed, before it is revo-ed by the other contracting party.
Com)etence o* Contracting Parties
/ssential 'e+isites o* Contracts Article 1318. There is no contract unless the following re?uisites concur: !" 3onsent of the contracting parties$ %" Ob/ect certain which is the sub/ect matter of the contract$ &" 3ause of the obligation which is established. /lements o* Contracts: !. Two or more competent contracting parties %. 5utual agreement meeting of the minds" by all parties to the contract &. Baluable consideration or cause 7 something e?uivalent given or done for the act or promise to give, to do or not to do something of value. '. Obligations of the parties must not be contrary to law, morals, good customs and public policy (. 5ust be set forth according to the form and executed in the manner prescribed by law.
!. 5inor6infant 7 contracts entered into by him is voidable at his option %. Insane person 7 contract is voidable at the option of the insane person &. 8run-en person 1 if not conscious that he had entered into a contract, contract is voidable at his option. '. 3onvicts 7 competence to enter into contract is suspended for some time until suspension is lifted by proper authorities (. 9rofessionals 7 only licensed professionals are competent to enter into contracts for professional services. ). 3orporations 7 contracts entered into must be thru a duly authoried agent or representative . ;nemy *lien 7 cannot contract or sue under existing contract unless permitted by the government, but may be sued in our courts under existing contracts <. =overnments 7 can enter into contracts but with certain restrictions, procedures and form of contract are rigidly prescribed by law. >. Foreign countries and their sovereign 7 can ma-e contracts and sue under existing contracts in out courts, but may not be sued in such courts without their consent.
Contract &oc+ments *or #arge Constr+ction Pro,ect 1. Advertisement 1 a written invitation to bidders to furnish materials or services of value 1 includes information on what to furnish, the site of wor-, deadline for submission of bids, re?uired bidder@s bond, date of opening of bids, manner of addressing the bids, where to secure plans and specications of the wor-, and statement of owner@s right to re/ect any bid. 2. nstr+ction to (idders 1 to amplify anything which has been omitted in the advertisement because of the cost and space limitation - includes description of wor-, how to prepare bid proposals, bid delivery and withdrawal, (idders (ond, bidder@s responsibility, interpretation of contract documents, re?uirement for signing bids, conditions for the award of contract, eAectivity of contract, instruction for the execution of )er*ormance (ond, time of pro/ect completion, interpretation of standard specication, and contract documents needed.
