- Statute
- Civil Code
- Article
- Art. 1308
- Topic
- Statutory provision
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 1 General Provisions
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Art. 1308. The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them. (1256a)
Intellegal Wiki · In plain terms
Embodies the principle of mutuality of contracts: an agreement must bind both parties, and neither its validity nor its performance can be left to the sole will of just one of them. This prevents one side from being able to enforce or escape the deal at its own discretion.
An editorially maintained plain-language explanation of this provision — not legal advice.
Key points
A contract must bind both parties; its validity or compliance cannot be left to the will of only one of them (mutuality of contracts).
Cases applying this article
- Gf Equity v. Arturo Valenzona
- United Coconut Planters Bank v. Editha F. Ang
- Philippine National Bank v. Spouses Enrique Manalo & Rosalinda Jacinto
- Spouses Bayani H. Andal v. Philippine National Bank
- Fedman Development Corporation v. Federico Agcaoili
- Lara's Gifts & Decors v. Midtown Industrial Sales G.R. No. 225433
Related provisions in this Chapter
Browse the Civil Code
Continue your research on Intellegal
Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.