ECE 114: RA 386 Civil Code Contracts (Arts. 1305–1422) High-Yield Review

High-yield fill-in-the-blank practice flashcards covering Title II of Republic Act No. 386 (Civil Code of the Philippines, Articles 1305 to 1422), focusing on statutory numbers, essential requisites, defective contract categories, and legal rules.

Under Article 1305 of the Civil Code, a contract is defined as a meeting of minds whereby one binds himself, with respect to the other, to give something or to ___________.

render some service

Under Article 1306, contracting parties may establish stipulations provided they are not contrary to law, morals, good customs, public order, or ___________.

public policy

Under Article 1308, the principle providing that a contract must bind both contracting parties and cannot be left to the will of one of them is the principle of ___________.

mutuality of contracts

Under Article 1309, the determination of performance may be left to a third person, whose decision shall not be binding until it has been ___________.

made known to both contracting parties

Under Article 1311, an heir is not liable beyond the ___________ received from the deceased.

value of the property

In a stipulation pour autrui under Article 1311, the third party must communicate acceptance to the obligor before its ___________.

revocation

Under Article ___________, any third person who induces another to violate his contract shall be liable for damages to the other contracting party.

$$1314$$

Under Article 1315, contracts are perfected by mere consent, whereas real contracts under Article 1316 such as deposit, pledge, and commodatum require ___________ for perfection.

delivery

Article 1318 provides that there is no contract unless ___________ essential requisites concur: consent, object certain, and cause.

$$3$$

Under Article 1319, an acceptance that is qualified constitutes a ___________.

counter-offer

Under Article 1319, acceptance made by letter or telegram binds the offerer only from the time it came to his ___________.

knowledge

Under Article 1319, a contract accepted by letter or telegram is presumed to have been entered into in the place where the ___________ was made.

offer

Under Article 1321, the offerer may fix the time, place, and ___________ of acceptance, each of which must be complied with.

manner

Under Article 1323, an offer becomes ineffective upon the death, civil interdiction, insanity, or ___________ of either party before acceptance is conveyed.

insolvency

Under Article 1324, an offer may be withdrawn at any time before acceptance unless the option is supported by a separate ___________.

consideration

Under Article 1326, advertisements for bidders are simply invitations to make proposals, and the advertiser is not bound to accept the highest or lowest bidder, unless the ___________ appears.

contrary

Contracts entered into during a lucid interval are valid, whereas contracts agreed to in a state of drunkenness or during a hypnotic spell are ___________ under Article 1328.

voidable

Article 1330 identifies ___________ vices of consent: mistake, violence, intimidation, undue influence, and fraud.

$$5$$

Under Article 1331, a simple mistake of account shall give rise to its ___________ rather than annulling the contract.

correction

Under Article 1332, if one of the parties cannot read or the contract language is not understood and mistake or fraud is alleged, the burden of showing terms were fully explained falls on the person ___________.

enforcing the contract

Under Article 1333, there is no mistake if the party alleging it knew the doubt, contingency, or ___________ affecting the object of the contract.

risk

Under Article 1335, a threat to enforce one's claim through a competent authority, if the claim is just or legal, does not ___________ consent.

vitiate

Under Article 1339, failure to disclose facts constitutes fraud when there is a ___________ to reveal them.

duty

Under Article 1340, usual exaggerations in trade are not in themselves fraudulent when the other party had an opportunity to know the ___________.

facts

Under Article 1344, serious fraud makes a contract voidable only if it was not employed by ___________ contracting parties.

both

Under Article 1344, incidental fraud does not make the contract voidable but obliges the guilty party to pay ___________.

damages

Under Articles 1345 and 1346, simulation is ___________ when the parties do not intend to be bound at all, which renders the contract void.

absolute

Under Article 1347, no contract may be entered into upon future ___________, except in cases expressly authorized by law.

inheritance

Under Article 1350, the cause in a contract of pure beneficence is the ___________ of the benefactor.

liberality

Under Article 1358, all other contracts where the amount involved exceeds ___________ must appear in writing, even a private one.

$$\text{₱}500$$

Under Article 1365, if the parties intend a mortgage or pledge but the signed instrument states the property is sold absolutely, the proper remedy is ___________.

reformation

Under Article 1366, reformation of instruments is barred in cases of simple unconditional inter vivos donations, void agreements, and ___________.

wills

Under Article 1377, the interpretation of obscure words or stipulations in a contract shall not favor the party who caused the ___________.

obscurity

Under Article 1381(1), a contract entered into by a guardian is rescissible if the ward suffers lesion of ___________ of the value of the things.

more than one-fourth

Under Article 1383, the action for rescission is ___________, meaning it cannot be instituted except when the party suffering damage has no other legal means to obtain reparation.

subsidiary

Under Article 1389, the general prescriptive period to bring an action to claim rescission is ___________ years.

$$4$$

Under Article 1389, the four-year period to claim rescission for absentees begins only when the absentee's ___________ is known.

domicile

Under Article 1391, the four-year prescriptive period for annulment based on mistake or fraud runs from the time of ___________.

discovery

Under Article 1391, the four-year action for annulment based on intimidation, violence, or undue influence runs from the time the defect ___________.

ceases

Under Article 1396, ratification cleanses the contract from all its defects from the ___________ it was constituted.

original moment

Under Article 1403(2)(d), a sale of goods must be in writing under the Statute of Frauds when the price is not less than ___________.

$$\text{₱}500$$

Under Article 1403(2)(e), an agreement for the leasing of real property must be in writing if the duration is longer than ___________.

$$1\,\text{year}$$

Under Article 1405, contracts infringing the Statute of Frauds are ratified by the failure to object to oral evidence or by the acceptance of ___________ under the contract.

benefits

Under Article 1407, if both parties lacked capacity to give consent, ratification by both sets of parents or guardians validates the contract from its ___________.

inception

Under Article 1408, unenforceable contracts cannot be assailed by ___________.

third persons

Article 1409 enumerates ___________ grounds of contracts that are inexistent and void from the beginning and cannot be ratified.

$$7$$

Under Article 1410, the action or defense for the declaration of the inexistence of a void contract does not ___________.

prescribe

Under Article 1420, in a divisible contract where an illegal term can be separated from the valid portion, the ___________ terms may be enforced.

legal

Under Article 1422, a contract that is the direct result of a previous illegal contract is also ___________.

void and inexistent