Text of the provision
Art. 1356. Contracts shall be obligatory, in whatever form they may have been entered into, provided all the essential requisites for their validity are present. However, when the law requires that a contract be in some form in order that it may be valid or enforceable, or that a contract be proved in a certain way, that requirement is absolute and indispensable. In such cases, the right of the parties stated in the following article cannot be exercised.
(1278a)
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
Contracts are obligatory in whatever form, provided the essential requisites are present. But when the law requires a particular form for validity or enforceability, or a certain mode of proof, that requirement is absolute and indispensable.
Related provisions
- Article 1355 — Lesion or Inadequacy of Cause.
- Article 1357 — Right to Compel Execution of Form.
Cases citing this article
- Cellpage International Corporation vs. The Solid Guaranty, Inc, G.R. No. 226731, June 17, 2020 — read the decision on LawPhil →
- Heirs of Antonio Lopez vs. Spouses Felix and Marita Empaynado, G.R. No. 196517, November 11, 2024 — read the decision on LawPhil →
- Commissioner of Internal Revenue vs. Toledo Power Company, G.R. No. 259309, February 13, 2023 — read the decision on LawPhil →
- Erlinda Bildner vs. Aramaywan Metals Development Corporation, et al, G.R. No. 233857, March 18, 2021 — read the decision on LawPhil →
- Kabisig Real Wealth Dev., Inc. and Fernando C. Tio vs. Young Builders Corporation, G.R. No. 212375, January 25, 2017 — 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.