Text of the provision
Art. 1308. The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them.
(1256a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
A contract must bind both parties; its validity or compliance cannot be left to the will of one of them. This is the principle of mutuality of contracts.
Related provisions
- Article 1307 — Innominate Contracts.
- Article 1309 — Determination by a Third Person.
Cases citing this article
- Philippine National Bank vs. AIC Construction Corporation, Spouses Rodolfo C. Bacani and Ma. Aurora, G.R. No. 228904, October 13, 2021 — read the decision on LawPhil →
- United Coconut Planters Bank vs. Editha F. Ang and Violeta M. Fernandez, G.R. No. 222448, November 24, 2021 — read the decision on LawPhil →
- Estrella Pabalan vs. Vasabude Sabnani, G.R. No. 211363, February 21, 2023 — read the decision on LawPhil →
- Roberto L. Yupangco and Regina y De Ocampo vs. O.J. Development and Trading Corporation, G.R. No. 242074, November 10, 2021 — read the decision on LawPhil →
- Security Corporation vs. Sps. Rodrigo and Erlinda Mercado/Sps. Rodrigo and Erlinda Mercado vs. Security Bank and Trust Company, G.R. No. 192934 / G.R. No. 197010, June 27, 2018 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.