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).
Related provisions
- Article 1318 — Essential Requisites of a Contract.
- Article 1320 — Express or Implied Acceptance.
Cases citing this article
- Young Scholars Academy, Inc. vs. Erlinda G. Magalong, G.R. No. 264452, June 19, 2024 — read the decision on LawPhil →
- Rex G. Rico vs. Union Bank of the Philippines, G.R. No. 210928, February 14, 2022 — read the decision on LawPhil →
- San Miguel Foods, Inc. and James A. Vinoya vs. Ernesto Raoul V. Magtuto, G.R. No. 225007, July 24, 2019 — read the decision on LawPhil →
- Desiderio Dalisay Investments, Inc., vs. Social Security System, G.R. No. 231053, April 4, 2018 — read the decision on LawPhil →
- Metro Rail Development Corporation vs. Gammon Philippines, Inc, G.R. No. 200401, January 17, 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.