- Statute
- Civil Code
- Article
- Art. 1318
- Topic
- Statutory provision
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 2 Essential Requisites of Contracts
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Art. 1318. There is no contract unless the following requisites concur:
(1) Consent of the contracting parties;
(2) Object certain which is the subject matter of the contract;
(3) Cause of the obligation which is established. (1261)
Intellegal Wiki · In plain terms
States the three requisites that must all be present for a valid contract to exist: the consent of the contracting parties, a certain object that is the subject matter, and a cause (the reason or consideration) for the obligation. If any one of these is missing, there is no contract.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Vicente Manzano, Jr. v. Marcelino Garcia, the Supreme Court held: Affirmed that the pacto de retro sale was void for lack of genuine consent, holding expert testimony unnecessary where signature differences are obvious and Article 1318 the proper basis over Articles 1409 and 1505.
One leading Supreme Court case applying this provision.
Key points
There is no contract unless three requisites concur: (1) consent of the parties; (2) a certain object; and (3) a cause of the obligation. The absence of any one renders the contract void.
Cases applying this article
- Belinda Alexander v. Spouses Jorge G.R. No. 256141
- Seventh Day Adventist Conference Church of Southern Philippines v. Northeastern Mindanao Mission of Seventh Day Adventist G.R. No. 150416
- Alejandria Pineda v. Court of Appeals G.R. No. 127094
- Luis Mirasol v. Maria Lim G.R. No. 39389
- Allied Banking Corporation v. Spouses Artemio M. Villaluz, Sr. G.R. No. 202525
- Kabisig Real Wealth Dev. v. Young Builders Corporation G.R. No. 212375
- Vicente Manzano, Jr. v. Marcelino Garcia G.R. No. 179323
- Cornelia Baladad (Represented By Heinrich M. Angeles v. Sergio A. Rublico G.R. No. 160743
Other Supreme Court decisions also apply this article.