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GR No. 177783

2013-01-23

VILLARAMA, JR., J.

Contracts are perfected by mere consent, which is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract.[20] The requisite acceptance of the offer is expressed in Article 1319 of the Civil Code which states: ART. 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.

GR No. 182148

2011-06-08

SIME DARBY PILIPINAS v. GOODYEAR PHILIPPINES

MENDOZA, J.

"In general, contracts undergo three distinct stages, to wit: negotiation; perfection or birth; and consummation. Negotiation begins from the time the prospective contracting parties manifest their interest in the contract and ends at the moment of agreement of the parties. Perfection or birth of the contract takes place when the parties agree upon the essential elements of the contract. Consummation occurs when the parties fulfill or perform the terms agreed upon in the contract, culminating in the extinguishment thereof." [28]

GR No. 149322

2008-11-28

JAIME L. YANEZA v. CA

NACHURA, J.

The new contract of sale between the parties is valid despite it not being evidenced by any writing.[29] The requirement under the Statute of Frauds does not affect the validity of the contract of sale but is needed merely for its enforceability. In any case, it applies only to contracts which are executory, and not to those which have been consummated either totally or partially,[30] as in the new contract of sale herein.

GR No. 170738

2008-09-12

RIZAL COMMERCIAL BANKING CORPORATION v. MARCOPPER MINING CORPORATION

QUISUMBING, J.

In general, contracts undergo three distinct stages, to wit: negotiation; perfection or birth; and consummation. Negotiation begins from the time the prospective contracting parties manifest their interest in the contract and ends at the moment of agreement of the parties. Perfection or birth of the contract takes place when the parties agree upon the essential elements of the contract. Consummation occurs when the parties fulfill or perform the terms agreed upon in the contract, culminating in the extinguishment thereof. [29]

GR No. 148516

2007-12-27

MANUEL LUIS SANCHEZ

REYES, R.T., J.

A contract is defined as a juridical convention manifested in legal form, by virtue of which one or more persons bind themselves in favor of another, or others, or reciprocally, to the fulfillment of a prestation to give, to do, or not to do. There can be no contract unless the following concur: (a) consent of the contracting parties; (b) object certain which is the subject matter of the contract; (c) cause of the obligation which is established. [25]

GR NO. 172674

2007-07-12

SPS. JORGE NAVARRA AND CARMELITA BERNARDO NAVARRA AND RRRC DEVELOPMENT CORPORATION v. PLANTERS DEVELOPMENT BANK

GARCIA, J.

A negotiation is formally initiated by an offer which should be certain with respect to both the object and the cause or consideration of the envisioned contract. In order to produce a contract, there must be acceptance, which may be express or implied, but it must not qualify the terms of the offer. The acceptance of an offer must be unqualified and absolute to perfect the contract. In other words, it must be identical in all respects with that of the offer so as to produce consent or meeting of the minds.[5]

GR NO. 154493

2006-12-06

REYNALDO VILLANUEVA v. PHILIPPINE NATIONAL BANK

AUSTRIA-MARTINEZ, J.

Contracts of sale are perfected by mutual consent whereby the seller obligates himself, for a price certain, to deliver and transfer ownership of a specified thing or right to the buyer over which the latter agrees.[24] Mutual consent being a state of mind, its existence may only be inferred from the confluence of two acts of the parties: an offer certain as to the object of the contract and its consideration, and an acceptance of the offer which is absolute in that it refers to the exact object and consideration embodied in said offer.[25] While it is impossible to expect the acceptance to echo every nuance of the offer, it is imperative that it assents to those points in the offer which, under the operative facts of each contract, are not only material but motivating as well. Anything short of that level of mutuality produces not a contract but a mere counter-offer awaiting acceptance.[26] More particularly on the matter of the consideration of the contract, the offer and its acceptance must be unanimous both on the rate of the payment and on its term. An acceptance of an offer which agrees to the rate but varies the term is ineffective. [27]

GR NO. 163663

2006-06-30

GREATER METROPOLITAN MANILA SOLID WASTE MANAGEMENT COMMITTEE v. JANCOM ENVIRONMENTAL CORPORATION

CARPIO MORALES, J.

It is elementary that, being consensual, a contract is perfected by mere consent.[61] The essence of consent is the conformity of the parties to the terms of the contract, the acceptance by one of the offer made by the other;[62] it is the concurrence of the minds of the parties on the object and the cause which shall constitute the contract.[63] Where there is merely an offer by one party without acceptance by the other, there is no consent and the contract does not come into existence.[64]

GR NO. 154413

2005-08-31

SPS. ALFREDO R. EDRADA AND ROSELLA L. EDRADA v. SPS. EDUARDO RAMOS AND CARMENCITA RAMOS

TINGA, J.

The fact that there is a stated total purchase price should not lead to the conclusion that a contract of sale had been perfected. In numerous cases,[19] the most recent of which is Swedish Match, AB v. Court of Appeals,[20] we held that before a valid and binding contract of sale can exist, the manner of payment of the purchase price must first be established, as such stands as essential to the validity of the sale. After all, such agreement on the terms of payment is integral to the element of a price certain, such that a disagreement on the manner of payment is tantamount to a failure to agree on the price.

GR NO. 152230

2005-08-09

JESUS IS LORD CHRISTIAN SCHOOL FOUNDATION v. MUNICIPALITY OF PASIG

CALLEJO, SR., J.

An offer is a unilateral proposition which one party makes to the other for the celebration of a contract.[51] It creates a power of acceptance permitting the offeree, by accepting the offer, to transform the offeror's promise into a contractual obligation.[52] Corollarily, the offer must be complete, indicating with sufficient clearness the kind of contract intended and definitely stating the essential conditions of the proposed contract.[53] An offer would require, among other things, a clear certainty on both the object and the cause or consideration of the envisioned contract.[54]

	GR No. 177783 2013-01-23	HEIRS OF FAUSTO C. IGNACIO v. ZUNIGA VILLARAMA, JR., J.
Contracts are perfected by mere consent, which is manifested by the meeting of the offer and the acceptance upon the thing and the cause which are to constitute the contract.[20] The requisite acceptance of the offer is expressed in Article 1319 of the Civil Code which states: ART. 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.
	GR No. 182148 2011-06-08	SIME DARBY PILIPINAS v. GOODYEAR PHILIPPINES MENDOZA, J.
"In general, contracts undergo three distinct stages, to wit: negotiation; perfection or birth; and consummation. Negotiation begins from the time the prospective contracting parties manifest their interest in the contract and ends at the moment of agreement of the parties. Perfection or birth of the contract takes place when the parties agree upon the essential elements of the contract. Consummation occurs when the parties fulfill or perform the terms agreed upon in the contract, culminating in the extinguishment thereof." [28]
	GR No. 149322 2008-11-28	JAIME L. YANEZA v. CA NACHURA, J.
The new contract of sale between the parties is valid despite it not being evidenced by any writing.[29] The requirement under the Statute of Frauds does not affect the validity of the contract of sale but is needed merely for its enforceability. In any case, it applies only to contracts which are executory, and not to those which have been consummated either totally or partially,[30] as in the new contract of sale herein.
	GR No. 170738 2008-09-12	RIZAL COMMERCIAL BANKING CORPORATION v. MARCOPPER MINING CORPORATION QUISUMBING, J.
In general, contracts undergo three distinct stages, to wit: negotiation; perfection or birth; and consummation. Negotiation begins from the time the prospective contracting parties manifest their interest in the contract and ends at the moment of agreement of the parties. Perfection or birth of the contract takes place when the parties agree upon the essential elements of the contract. Consummation occurs when the parties fulfill or perform the terms agreed upon in the contract, culminating in the extinguishment thereof. [29]
	GR No. 148516 2007-12-27	MANUEL LUIS SANCHEZ REYES, R.T., J.
A contract is defined as a juridical convention manifested in legal form, by virtue of which one or more persons bind themselves in favor of another, or others, or reciprocally, to the fulfillment of a prestation to give, to do, or not to do. There can be no contract unless the following concur: (a) consent of the contracting parties; (b) object certain which is the subject matter of the contract; (c) cause of the obligation which is established. [25]
	GR NO. 172674 2007-07-12	SPS. JORGE NAVARRA AND CARMELITA BERNARDO NAVARRA AND RRRC DEVELOPMENT CORPORATION v. PLANTERS DEVELOPMENT BANK GARCIA, J.
A negotiation is formally initiated by an offer which should be certain with respect to both the object and the cause or consideration of the envisioned contract. In order to produce a contract, there must be acceptance, which may be express or implied, but it must not qualify the terms of the offer. The acceptance of an offer must be unqualified and absolute to perfect the contract. In other words, it must be identical in all respects with that of the offer so as to produce consent or meeting of the minds.[5]
	GR NO. 154493 2006-12-06	REYNALDO VILLANUEVA v. PHILIPPINE NATIONAL BANK AUSTRIA-MARTINEZ, J.
Contracts of sale are perfected by mutual consent whereby the seller obligates himself, for a price certain, to deliver and transfer ownership of a specified thing or right to the buyer over which the latter agrees.[24] Mutual consent being a state of mind, its existence may only be inferred from the confluence of two acts of the parties: an offer certain as to the object of the contract and its consideration, and an acceptance of the offer which is absolute in that it refers to the exact object and consideration embodied in said offer.[25] While it is impossible to expect the acceptance to echo every nuance of the offer, it is imperative that it assents to those points in the offer which, under the operative facts of each contract, are not only material but motivating as well. Anything short of that level of mutuality produces not a contract but a mere counter-offer awaiting acceptance.[26] More particularly on the matter of the consideration of the contract, the offer and its acceptance must be unanimous both on the rate of the payment and on its term. An acceptance of an offer which agrees to the rate but varies the term is ineffective. [27]
	GR NO. 163663 2006-06-30	GREATER METROPOLITAN MANILA SOLID WASTE MANAGEMENT COMMITTEE v. JANCOM ENVIRONMENTAL CORPORATION CARPIO MORALES, J.
It is elementary that, being consensual, a contract is perfected by mere consent.[61] The essence of consent is the conformity of the parties to the terms of the contract, the acceptance by one of the offer made by the other;[62] it is the concurrence of the minds of the parties on the object and the cause which shall constitute the contract.[63] Where there is merely an offer by one party without acceptance by the other, there is no consent and the contract does not come into existence.[64]
	GR NO. 154413 2005-08-31	SPS. ALFREDO R. EDRADA AND ROSELLA L. EDRADA v. SPS. EDUARDO RAMOS AND CARMENCITA RAMOS TINGA, J.
The fact that there is a stated total purchase price should not lead to the conclusion that a contract of sale had been perfected. In numerous cases,[19] the most recent of which is Swedish Match, AB v. Court of Appeals,[20] we held that before a valid and binding contract of sale can exist, the manner of payment of the purchase price must first be established, as such stands as essential to the validity of the sale. After all, such agreement on the terms of payment is integral to the element of a price certain, such that a disagreement on the manner of payment is tantamount to a failure to agree on the price.
	GR NO. 152230 2005-08-09	JESUS IS LORD CHRISTIAN SCHOOL FOUNDATION v. MUNICIPALITY OF PASIG CALLEJO, SR., J.
An offer is a unilateral proposition which one party makes to the other for the celebration of a contract.[51] It creates a power of acceptance permitting the offeree, by accepting the offer, to transform the offeror's promise into a contractual obligation.[52] Corollarily, the offer must be complete, indicating with sufficient clearness the kind of contract intended and definitely stating the essential conditions of the proposed contract.[53] An offer would require, among other things, a clear certainty on both the object and the cause or consideration of the envisioned contract.[54]

SWEDISH MATCH v. CA