Text of the provision
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. Acceptance made by letter or telegram does not bind the offerer except from the time it came to his knowledge. The contract, in such a case, is presumed to have been entered into in the place where the offer was made.
(1262a)
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
Consent is the meeting of a certain offer and an absolute acceptance on the thing and the cause. A qualified acceptance is a counter-offer. Acceptance by letter or telegram binds the offeror only from the time he learns of it (cognition theory).
Questions about this provision
Related provisions
- Article 1318 — Essential Requisites of a Contract.
- Article 1320 — Express or Implied Acceptance.
Cases citing this article
- Purificacion M. Vda. de Urbano, et al. vs. Government Service Insurance System (GSIS), et al, G.R. No. 137904, October 19, 2001 — read the decision on LawPhil →
- United Muslim and Christian Urban Poor Association, Inc., etc. vs. BRYC-V Development Corporation, etc., et al, G.R. No. 179653, July 31, 2009 — read the decision on LawPhil →
- Conchita Tan etc. vs. Planters Products Inc, G.R. No. 172239, March 28, 2008 — read the decision on LawPhil →
- Pedro Gonzales, et al. vs. Madame Pilar Farm Corp., et al, G.R. No. 115880, January 23, 2007 — read the decision on LawPhil →
- The Insular Life Assurance Company, Ltd., vs. Asset Builders Corporation, G.R. No. 147410, February 5, 2004 — 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.