Verbal Agreement In The Philippines
Under Philippine law, the written signature of a valid contract is not mandatory – contracts are generally valid when the legally binding parties reach an agreement, whether they agree orally, electronically or in a paper physical document, and when the following essential conditions are met: (1) consent of the contracting parties, (2) specified subject matter, subject matter of the contract, and (3) The cause of the obligations that are established (Civil Code of the Philippines, Section 1318). Republic Act No. 8792, also known as the Electronic Commerce Act, and its rules and implementing rules expressly confirm that contracts are not enforceable solely because they are entered into electronically. As a general rule, parties may use electronic signatures to establish valid contracts, unless there are specific legal requirements to the contrary. To prove a valid contract, the parties sometimes have to present evidence in court. Leading digital transaction management solutions can provide electronic records authorized as evidence under A.M No. 01-7-01-SC, also known as electronic evidence rules, to support the valid existence, authenticity and acceptance of a contract. Here too, a written appearance or any form of documentation is not part of an existing contract. As long as an agreement fulfills the three elements mentioned above, there is a valid contract, whether written or not.
Although not all contracts are written for their validity or applicability, the best practice is to reduce all written agreements. This will help the parties to avoid ambiguity in their agreements and to ensure that all parties understand their obligations. With a written contract, it`s also easier to prove your position in the event of a dispute and avoid a “he said she said” scenario. A well-crafted contract, which describes the consequences of an infringement and how to remedy it, can help avoid costly litigation and maintain harmony between the parties. Pano`s statements came after at least 2 cabinet officials said the deal was not a national policy. Cabinet Secretary Karlo Nograles also simply referred to the agreement as an agreement in order to begin discussions on a possible agreement in the West Philippines Sea. Dear PAO, My friend and I had an oral agreement for the renovation of his house in Mandaluyong City. We agreed that I would take care of all the costs and materials of the construction, and then my friend will only reimburse me for the renovation costs. He seemed to dodge after I told him that the project was already completed and that the cost was P124,000.00.
Can I pick it up, even if I don`t have a written agreement to support my request? John Dear John, you can pick up from your friend`s house even if there is no written agreement to support your request….