Obligation of Contracts:

Everything You Need to Know

Obligation of contracts is the responsibility that parties to contracts are
required to bear upon entering into legally-binding agreements.3 min read
Obligation of contracts is the responsibility that parties to contracts are
required to bear upon entering into legally-binding agreements. A contractual
obligation can come in different forms, including the completion of certain
tasks, avoidance of certain acts, delivery of products or services, and the
payment of consideration. Parties that fail to fulfill their obligations may face
legal consequences. In certain situations, contractual obligations may be
transferred to a third party.

What Is Obligation of Contracts?

Obligation of contracts refers to the legal duty of contracting parties to fulfill
the promises specified in their contracts. If the obligations of a contract are in
question, a person's reasonable capacity to perform or refrain from
performing the required task will be taken into consideration. In a contract, the
parties involved offer something valuable to one another, which can be
anything ranging from a product or service to money. They are legally
required to fulfill their obligations in order to complete the exchange

Note: A contract is a meeting of minds between parties with respect to rendition of

service or performance of obligation to give something, Government is prohibited from
interfering with agreement of parties since it is considered as a law between the
contracting parties.

Article-III, Section-11 (Free Access to Court) “Free access to courts and quasi-judicial
bodies and adequate legal assistance shall not be denied to any person by reason of
poverty.” Filipino Translation: “Hindi dapat ipagkait sa sinumang tao ang malayang
pagdulog sa mga hukuman at sa mga kalupunang mala-panghukuman at sa sapat na
tulong pambatas nang dahil sa karalitaan.”
Article-III, Section-11 (Free Access to Court) Note: If the accused cannot afford to hire a
lawyer to defend his case, the government shall provide one for him. He shall be
assisted and represented by a public prosecutor and a counsel from the Public
Attorney’s Office, respectively

Article-III, Section-11 (Free Access to Court) The Integrated Bar of the Philippines (IBP)
is giving free legal assistance to underprivileged litigants. A person who, due to
poverty, cannot pay docket fee in civil case may apply in court to file his case as a
pauper litigant.

1. 39. Article-III, Section-12 (Right of Person under Custodial Investigation) (1)

“Any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent
and independent counsel preferably of his own choice. If the person cannot
afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel.”
2. 40. Article-III, Section-12 (Right of Person under Custodial Investigation) (1)
“Ang sinumang tao na na ini-imbistigahan dahil sa paglabag ay dapat
magkaroon ng karapatang mapaliwanagan ng kanyang karapatang
magsawalang-kibo at magkaroon ng abogadong may sapat na kakayahan at
kanyang personal na pinili. Kung hindi niya makakayanan ang paglilingkod
ng abogado, kinakailangang pagkalooban siya ng isa. Hindi maiuurong ang
mga karapatang ito maliban kung nakasulat at sa harap ng abogado.”
3. 41. Article-III, Section-12 (Right of Person under Custodial Investigation) (2)
“No torture, force, violence, threat, intimidation, or any other means which
vitiate the free shall be used against him. Secret detention places, solitary,
incommunicado or other similar forms of detention are prohibited.”
4. 42. Article-III, Section-12 (Right of Person under Custodial Investigation) (2)
“Hindi siya dapat gamitan ng labis na pagpapahirap, pwersa, dahas,
pananakot, pagbabanta, o anumang paraaan na lalabag sa kanyang
malayang pagpapasya. Ipinagbabawal ang mga lihim na kulungan, solitaryo,
ingkomunikado, o iba pang katulad ng anyo ng detensyon.”
5. 43. Article-III, Section-12 (Right of Person under Custodial Investigation) (3)
“Any confession or admission obtained in violation of this or Section 17
hereof shall be inadmissible in evidence against him.” (3) “Hindi dapat
tanggaping ebidensya laban sa kanya ang anumang pagtatapat o pag-amin
na nakuha nang labag sa seksyong ito o sa seksyong labing-pito.”
6. 44. Article-III, Section-12 (Right of Person under Custodial Investigation) (4)
“The law shall provide for penal and civil sanctions for violations of this
section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.”
7. 45. Article-III, Section-12 (Right of Person under Custodial Investigation) (4)
“Dapat magtadhana ang batas ng mga kaparusahang penal at sibil sa mga
paglabag sa seksyong ito at gayundin ng bayad-pinsala at rehabilitasyon sa
 mga biktima ng labis na mga paghihirap o katulad ng mga nakagawian, at sa
kanilang mga pamilya.”
8. 46. Article-III, Section-12 (Right of Person under Custodial Investigation) This
section stresses the following: 1. 2. 3. 4. Miranda Rights/Rules; Permissible
use of Police Power; Admissible confessions; and The right to redress in the
event violation of these rights. of a
9. 47. Article-III, Section-12 (Right of Person under Custodial Investigation)
Miranda Rights/Rules - provides that before a person under a custodial
investigation is questioned, he must be informed of the following: 1. The right
to remain silent; 2. Anything he says can and will be used against him in the
court; and 3. The right of a counsel and that if he cannot afford one, the
government will provide for him.

MANILA, Philippines – The 1987 Constitution guarantees that no Filipino

shall be deprived of life, liberty, or property without due process of law.

As long as a citizen abides by the law, he or she should not be in trouble.

But what if you're apprehended by authorities for some reason – or in

times of emergency, like the recent declaration of martial law in
Mindanao – you're picked up due to supposed security concerns?

Remember, the Constitution remains in effect – even during those times.

Along with relevant laws and issuances, the Constitution makes sure
citizen's rights continue to be respected.

Article III, Section 12 of the 1987 Constitution (also known as the Bill of
Rights) states that any person under investigation for the commission of a
crime or offense "shall have the right to be informed of his right to remain
silent and to have competent and independent counsel preferably of his
own choice."

If you can't afford a lawyer, the state will provide you with one.

The right to remain silent is emphasized because any statement you give
can be used against you in court.

Likewise, it is your right to call or have access to a lawyer at all times

throughout the ordeal of arrest or detention.
These rights cannot be waived "except in writing and in the presence of
counsel," says the Constitution.

More rights

If you're being arrested you should know these additional rights:

 Know the reason for your arrest at the time of your arrest via
an arrest warrant, which you should ask for
 Ask for the identity and authority of the arresting officer
 Be promptly brought before a judge and be "entitled to a trial
within a reasonable time" or to be entitled to release subject to
guarantees to appear for trial
 Demand physical examination by an independent and
competent doctor of your choice before and after interrogation,
as stated in Republic Act 9745 or the Anti-Torture Act

A manual on law enforcement for citizens prepared by the Philippine

National Police, in fact, says that prior to release or any change of
custody, "you will...be physically examined."