Cause of contracts
Article 1350 of Civil Code provides:
Cause (causa) is the essential or more proximate purpose or reason
which the contracting parties have in view at the time of entering into
the contract,[1] or, as expressed in another case, it is the “why of the contract,
the essential reason which moves the contracting parties to enter into
the contract.’’[2] It is the Civil Code term for consideration in Anglo-American or
common law.[3]
ART. 1350. In onerous contracts the cause is understood to be, for each contracting party, the prestation or promise of a thing or service by the other; in remuneratory ones, the service or benefit which is remunerated; and in contracts of pure beneficence, the mere liberality of the benefactor. (1274)
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For cause to exist, the following requisites must concur:
a) exists at the time the contract is entered into;[4]
b) lawful;[5] and
c) true or real.[6]
[1] 8 Manresa 697; Republic vs. Cloribel, 36 SCRA 534 (1970).
[2] Gonzales vs. Trinidad, 67 Phil. 682 [1939]; Villamor vs. Court of Appeals, 202 SCRA 607 [1991]; Domingo vs. Court of Appeals, 367 SCRA 368 (2001).
[3] De Leon. (2014). Obligations and Contracts.
[4] Paragraph 3, Article 1409, Civil Code.
[5] Article 1352, Civil Code.
[6] Article 1353, Civil Code.