CIVIL CODE LEASE

LEASE

RA 386

CIVIL CODE OF THE PHILIPPINES

Art. 1642

The contract of lease may be of things,
or of work and service.

LEASE

contract by which one party conveys land,
property, services, etc. to another for a specified
time, usually in return for a periodic payment

Art. 1643, 99

according to article ____, no lease for more than _____ years shall be valid.

Art 1644

one of the parties binds himself to execute a piece of work or to render to the other some service for a price certain, but the relation of principal and agent does not exist between them

Art. 1700.

The relations between capital and labor
are not merely contractual. They are so
impressed with public interest that labor
contracts must yield to the common
good. Therefore, such contracts are
subject to the special laws on labor
unions, collective bargaining, strikes and
lockouts, closed shop, wages, working
conditions, hours of labor and similar
subjects.

Art 1705

The laborer's wages shall be paid in
legal currency.

employer.

Withholding of the wages, except for a
debt due, shall not be made by the
________

Art. 1711

Owners of enterprises and other employers are obliged to pay
compensation for the death of or injuries to their laborers

Art. 1712

If the death or injury is due to the
negligence of a fellow worker, the latter
and the employer shall be solidarily
liable for compensation.

Art. 1467. (SALES)

A contract for the delivery at a certain price of an
article which the vendor in the ordinary course of
his business manufactures or procures for the
general market, whether the same is on hand at
the time or not, is a contract of sale, but if the
goods are to manufactured specially for the
customer and upon his special order, and not for
the general market, it is a contract for a piece of
work.

SECTION 3 - CONTRACT FOR A PIECE OF WORK

By the contract for a piece of work the
contractor binds himself to execute a
piece of work for the employer, in
consideration of a certain price or
compensation. The contractor may
either employ only his labor or skill, or
also furnish the material.

Art. 1714

If the contractor agrees to produce the
work from material furnished by him, he
shall deliver the thing produced to the
employer and transfer dominion over the
thing. This contract shall be governed by
the following articles as well as by the
pertinent provisions on warranty of title
and against hidden defects and the
payment of price in a contract of sale.

employer

If the contract fails or refuses
to comply with this obligation, the ______ may
have the defect removed or another work executed,
at the contractor's cost.

fraudulently.

An agreement waiving or limiting the
contractor's liability for any defect in the
work is void if the contractor acted
_________

Art. 1717

If the contractor bound himself to
furnish the material, he shall suffer the
loss if the work should be destroyed
before its delivery, save when there has
been delay in receiving it.

the contract is extinguished

The contractor who has undertaken to put only his
work or skill, cannot claim any compensation if the
work should be destroyed before its delivery, unless
there has been delay in receiving it, or if the
destruction was caused by the poor quality of the
material, provided this fact was communicated in
due time to the owner. If the material is lost through
a fortuitous event, ____________________

Art. 1720

If the work is to be delivered
partially, the price or compensation for
each part having been fixed, the sum
shall be paid at the time and place of
delivery, in the absence if stipulation.

Art. 1721

The amount of the compensation is
computed, on the one hand, by the
duration of the delay and the amount of
the compensation stipulated, and on the
other hand, by what the contractor has
saved in expenses by reason of the
delay or is able to earn by a different
employment of his time and industry.

Art. 1722

If the work cannot be completed on
account of a defect in the material
furnished by the employer, or because
of orders from the employer, without any
fault on the part of the contractor, the
latter has a right to an equitable part of
the compensation proportionally to the
work done, and reimbursement for
proper expenses made.

fifteen years

The engineer or architect who drew up the plans and
specifications for a building is liable for damages if within
_______ years from the completion of the structure, the same
should collapse by reason of a defect in those plans and
specifications, or due to the defects in the ground.

The action must be brought within ten years
following the collapse of the building

Acceptance of the building, after completion,
does not imply waiver of any of the cause of
action by reason of any defect mentioned in
the preceding paragraph

Art. 1725

The owner may withdraw at will from
the construction of the work, although it
may have been commenced,
indemnifying the contractor for all the
latter's expenses, work, and the
usefulness which the owner may obtain
therefrom, and damages

contractor

The _____ is responsible for the
work done by persons employed by him

contractor

The _______ is liable for all the claims
of laborers and others employed by
him, and of third persons for death or
physical injuries during the construction.

Art. 1729.

Those who put their labor upon or furnish
materials for a piece of work undertaken
by the contractor have an action against
the owner up to the amount owing from
the latter to the contractor at the time the
claim is made.

Art. 1730

If it is agreed that the work shall be
accomplished to the satisfaction of the
proprietor, it is understood that in case of
disagreement the question shall be subject
to expert judgment

PERFORMANCE

If both parties are able to comply with their
respective obligations in accordance with
the terms and conditions of the contract
the contract is discharged or extinguished

SUBSTANTIAL PERFORMANCE

If the contracting parties have been able
to comply essentially with the terms and
conditions of the contract.

IMPOSSIBILITY OF PERFORMANCE

may be due to
causes other than physical incapacity; such
as when the government issues orders,
e.g. bans, then, the contract has to be
cancelled and extinguished even before it
is started

AGREEMENT

When contracting parties mutually agree
to stop the work at any time or at any
stage of the work

BREACH OF CONTRACT

When one of the contracting parties fails to
comply with the terms of the conditions of
the contract