This case has been cited 1 times or more.
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2004-02-05 |
PANGANIBAN, J. |
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| Moreover, the Civil Code provides that no contract shall arise unless its acceptance is communicated to the offeror.[57] That is, the mere determination to accept the proposal of a bidder does not constitute a contract; that decision must be communicated to the bidder.[58] Although consent may be either express or implied,[59] the Instruction to Bidders prepared by petitioner itself expressly required (1) a formal acceptance and (2) a period within which such acceptance was to be made known to respondent. The effect of giving the Notice of Award to the latter would have been the perfection of the contract.[60] No such acceptance was communicated to respondent; therefore, no consent was given. Without that express manifestation, as required by the terms of its proposal, there was no contract. The due execution of documents representing a contract is one thing, but its perfection is another.[61] | |||||