Articles 1319-1334 Blt | Course Paper

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Charlot D. Davao

Karen D. Davao

Juliane Maryl Vailoces Tito

Nica Saldariega

Demie Haley Reyes

Articles 1319-1334

(Consent)

Article 1319

Consent is manifested by the meeting of the offer and the acceptance upon the thing and the

cause which are to constitute the contract. The offer must be certain and the acceptance absolute.

A qualified acceptance constitutes a counter-offer.

Acceptance made by letter or telegram does not bind the offerer except from the time it came to

his knowledge. The contract, in such a case, is presumed to have been entered into in the place

where the offer was made. (1262a)

Consent is the conformity of wills; and with reference to contracts, it is the agreement of the will

of one of contracting party with the another or others, upon the object and terms of the contract.

Essentials of consent: It is essential for consent to be given properly that is given by two or more

competent parties, freely spontaneously and intelligently, and that the intention of the parties had

been clearly and unmistakably expressed.

Offer must be certain: The law requires that the offer must be certain in order that the liability of

the contracting parties may be fixed, such that the acceptance must be identical with the offer,

otherwise there will be no meeting of minds and consequently no contract.

Acceptance absolute: The requirement that the acceptance be absolute simply means that it must

in every respect meet and correspond with the terms and condition of the offer, plain and

unconditional.

Illustration: Gabriel asked Ed this question: “Do you agree to buy my bicycle for P8,000.00?” Ed

in answer to Gabriel said, “Yes I agree.” Here the offer of Gabriel to sell his bicycle to Ed is

certain and acceptance of Ed to buy the bicycle is absolute, plain and unconditional.

Qualified acceptance: In the preceding illustration: supposing Ed instead of agreeing to pay

Gabriel P8,000.00 for the price of the bicycle proposed to pay only P6,000 to Gabriel. Was there

a valid acceptance? No. The proposal of Ed to Gabriel to pay for a lesser amount constituted a

counter-offer. If Gabriel accepts the counter offer of the P6000 instead of P8,000 the contract

between them is perfected.

ZAYCO vs.SERRA

Facts: Zayco and Serra executed a contract for an option to buy Palma Central for 1M but no

stipulation was made as to how much the first payment would be and when it should be paid.

Zayco wrote to Serra accepting the contract tendering P100,000 as his first payment before the

option period expired. Serra wrote to Zayco stating that the option contract of November 7, 1918,

was cancelled and annulled. On the same day, Zayco brought suit against Serra to compel him to

execute the deed of sale and conveyance of the Palma Central and Estate and to pay, in addition,

P500,000 as damages. Serra demurred on the ground that the contract does not specify the part of

the price that was to be paid in cash and the part that was to be paid within a period not

exceeding three years. Zayco later learned that Serra had already sold the property to Whitaker

and Concepcion for 1.5M.

Issue: Whether or not there was a perfected contract of sale.

Held: The contract was not valid as an option because there was no consideration, but it was at

least an offer to sell. When plaintiff tendered P100,000. as part payment, acceptance involved a

proposal, not contained in the offer. This proposal, in turn, required the acceptance by Serra. The

failure of Serra to accept ( for Serra cancelled the offer ) prevented the perfection of the contract.

Q: What is a consent?

A: Consent is manifested by the meeting of the offer and the acceptance upon the thing and the

cause which are to constitute the contract.

Article 1320

Article 1320. An acceptance may be express or implied. (n)

Discussion

1. Express – when it is implicitly made in writing or verbally

2. Implied – when it can be deduced from the conduct of the party

Examples:

1. Express

X agrees to Y, in writing, that the latter will perform the delivery himself.

2. Implied

X and Y was in agreement to deliver the thing due to X, X modified the agreement that the thing

due be delivered to A, without acceptance, Y delivered the thing due to A.

Effects of silence

Silence is not equivalent to consent, but there are specific legal provisions which makes silence

amount to consent.

Perez vs. Pomar

Facts:

Perez filed in the Court of First Instance of Laguna a complaint asking the Court to determine the

amount due him for services rendered as an interpreter for Pomar and for judgement to be

rendered in his favor.

Pomar, on his part, denied having sought the services of Perez, contending that, Perez being his

friend, he only accepted the services for they were rendered in a spontaneous, voluntary and

officious manner.

Issue:

Whether or not consent has been given by the other party.

Held:

Yes. It does not appear that any written contract was entered into between the parties for the

employment of the plaintiff as interpreter, or that any other innominate contract was entered into,

but whether the plaintiff’s services were solicited or whether they were offered to the defendant

for his assistance, inasmuch as these services were accepted and made use of by the latter, there

was a tacit and mutual consent as to the rendition of services. This gives rise to the delegation

upon the person benefited by the services to make compensation thereof, since the bilateral

obligation to render services as interpreter, on the one hand, and on the other to pay for the

services rendered is thereby incurred.

As was held in the Supreme Court of Spain in its decision of February 12, 1889, it stated that

“not only is there an express and tacit consent which produces real contract but there is also a

presumptive consent which is the basis of quasi-contracts this giving rise to the multiple judicial

relations which result in obligations for the delivery of a thing or the rendition of a service.

Article 1321

The person making the offer may fix the time, place, and manner of acceptance, all of which

must be complied with. (n)

Discussion:

The acceptance must be made known to the offeror before the lapse of the fixed period. If the

acceptance was made after the fixed period, it is not a legal acceptance anymore. What happens

then is that it becomes an offer (made by the previous offeree) which may or may not be

accepted by the original offeror (which becomes the offeree).

In terms of the manner of acceptance, the offeror may require that the acceptance be done by

letter, personal communication, or through a representative.

Acceptance which was not made in the manner fixed by the offeror constitutes a counter-

proposal which extinguishes the offer and may not be accepted by the original offeror.

Article 1322.

An offer made through an agent is accepted from the time acceptance is communicated to

him.

Communication of acceptance to agent.

For a contract to arise, the acceptance must be made known to the offeror. By legal ﬁction, an

agent is considered an extension of the personality of his principal. (Art. 1910, par. 1.) If duly

authorized, the act of the agent is, in law, the act of the principal.

Article 1322 applies only if the offer is made through the agent and the acceptance is

communicated through him. Hence, there would be no meeting of the minds if the principal

himself made the offer and the acceptance is communicated to the agent unless, of course, the

latter is authorized to receive the acceptance.