Section 3.-Cause of Contracts

ARTICLE 1349
The object of every contract must be determine as to its kind. The

fact that the quantity is not determinate shall not be an obstacle to
the existence of the contract, provided it is possible to determine the
same, without the need of a new contract between the parties.
Quantity of object of contract need not be determinate.

The object of a contract must be determinate as to its kind or at least
determinable without the necessity of a new or further agreement between
the parties. The same is true of the quantity of the object of the contract. It is
sufficient that it is possible to determine the same without the need of a new
contract between the parties.
When the obligation consists in the delivery of a generic thing, whose
quality and circumstances have not been stated, Article 1246 governs.
EXAMPLE:
(1) Sonny sold to Ben all the chickens in his poultry. Here, the object itself
(chickens) is determinate but the quantity though not yet determined can be
ascertained without the necessity of entering into a new contract.
(2) Sonny binds himself to deliver one of his carabaos to Ben. Here, the
object is determinable without the need of a new contract between the
parties. It becomes determinate the moment it is delivered.
(3) If the subject matter of the agreement is a parcel of agricultural land
owned by Sara and Sara happens to own many agricultural lands, the
contract is void, if the particular land sold cannot be determined without a
new or further agreement between the parties.
(4) Sara obligates himself to sell to Berna for a price certain (P4,000) a
specified quantity of sugar (200 kilos) of a given quality (of the first
grade/second grade) without designating a particular lot of sugar.
(5) Anna obligates herself to deliver a “thing” or “property” to Cello. The
contract is void because the object is “not determinate as to its kind” nor is it
“capable of being made determinate without the need of a new or further
agreement between the parties.”
SECTION 3.- CAUSE OF CONTRACTS
ARTICLE 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.
Meaning of cause.
Cause (causa) is the essential reason or purpose which the contracting
parties have in view at the time of entering into the contract. It is something
zbargained for or given by a party in exchange for a legally enforceable
promise of another.
It is the Civil Code term for consideration in Anglo-American or
common law.
Cause distinguished from object.
In a bilateral or reciprocal contract like purchase and sale, the cause
for one is the subject matter or object for the other, and vice versa. Hence,
the distinction is only a matter of viewpoint.
EXAMPLE:
Samantha sells a watch to Beatrice for P10,000. As far as Samantha is
concerned, the subject matter or object is the watch and the cause is the
price. As regards Beatrice, the subject matter or object is the price and
the cause is the watch.
Classification of contracts according to cause.

(1) Onerous or one the cause of which, for each contracting party is the
prestation or promise of a thing or service by the other.
EXAMPLE:
Sale, lease of thing, partnership.
(2) Remuneratory or remunerative or one the cause of which is the
service or benefit which is remunerated. The purpose of the contract is to
reward the service that had been previously rendered by the party
remunerated.
EXAMPLE:
Berto rendered services as the defense counsel of Jonel agreed to pay
Berto P10,000 for said services.
(3) Gratuitous or one the cause of which is the liberality of benefactor or
giver.
EXAMPLE:
Commodatum; pure donation; guaranty or suretyship unless there is a
stipulation to the contrary; mortgage given by a third person to secure an
obligation of a debtor unless a consideration is paid for such mortgage;
condonation of a debt.
ARTICLE 1351
The particular motives of the parties in entering into a contract are
different from the cause thereof.
Meaning of motive.
Motive is the purely personal or private reason which is a party has
in entering into a contract. It is different from the cause of the contract.
Cause distinguished from motive.

The differences are as follows:
CAUSE MOTIVE
Cause is immediate or direct Motive is the remote or indirect
reason. reason.
Cause is always known to the other Motive may be unknown.
contracting party.
Cause is an essential element of a Motive is not.
contract.
The illegality of the cause affects The illegality of one’s motive does
the validity of a contract. not render the contract void.
The motive may be regarded as the cause in a contract if it is founded
upon a fraudulent purpose to prejudice a third person.
EXAMPLE:
Mr.Magbanua sell his land to Mr.Concepcion for P100,000. For
Mr.Magbanua the cause or consideration is the P100,000. But his motive
or private reason may be to use the money in business or buy another
land. The motives which impel one to a sale or purchase are not always
the cause of the contract as that term is understood in law. With one’s
motives, the law is not concerned.
If the motive of Mr.Magbanua in selling his land is to defraud

Mr.Concepcion, a creditor, who has a right to go after the land for its
satisfaction of an indebtedness of Mr.Magbanua, Mr.Concepcion may ask
the court for the rescission or cancellation of the sale.

Section 3.-Cause of Contracts

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ARTICLE 1349

The object of every contract must be determine as to its kind. The

Quantity of object of contract need not be determinate.

SECTION 3.- CAUSE OF CONTRACTS

Classification of contracts according to cause.

Cause distinguished from motive.

If the motive of Mr.Magbanua in selling his land is to defraud

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