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1315-1319 - Stages and Essential Requisites of Contracts

1) Jazmin Soler, an interior designer, was asked by Nida Lopez, manager of COMBANK Ermita Branch, to design renovations for the branch on short notice and assured payment for services. 2) Soler met with Lopez and they agreed on a professional fee of P10,000. Soler incurred additional costs of P15,000 by hiring others to help. 3) The court found there was a perfected oral contract between Soler and Lopez, as there was consent, a clear subject matter, and consideration. Even without a formal agreement, Soler deserved payment under the principle of quantum meruit since Lopez benefited from Soler's designs.

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52 views1 page

1315-1319 - Stages and Essential Requisites of Contracts

1) Jazmin Soler, an interior designer, was asked by Nida Lopez, manager of COMBANK Ermita Branch, to design renovations for the branch on short notice and assured payment for services. 2) Soler met with Lopez and they agreed on a professional fee of P10,000. Soler incurred additional costs of P15,000 by hiring others to help. 3) The court found there was a perfected oral contract between Soler and Lopez, as there was consent, a clear subject matter, and consideration. Even without a formal agreement, Soler deserved payment under the principle of quantum meruit since Lopez benefited from Soler's designs.

Uploaded by

Sarah Jane Usop
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SOLER V.

CA 358 SCRA 57
1315-1319 – Stages and Essential Requisites of Contracts

FACTS: Petitioner Jazmin Soler is a well-known licensed professional interior designer. In November 1986, her friend Rosario Pardo
asked her to talk to Nida Lopez, who was manager of the COMBANK Ermita Branch for they were planning to renovate the branch
offices.

Ms. Lopez was asking that the designs be submitted by December 1986, which was such a short notice. Ms. Lopez assured her that she
would be compensated for her services. Soler even told Ms. Lopez that her professional fee was (P10,000.00), to which Ms. Lopez
acceded. They had a meeting on November 1986 where they discussed what was to be renovated.

After a few days, Soler requested for the blueprint of the building so that the proper design, plans and specifications could be given to Ms.
Lopez in time for the board meeting in December 1986. Soler hired engineers and architects to help her with the project and paid them a
total of P15,000.00.

Soler repeatedly demanded payment for her services personally and through counsel, but Ms. Lopez just ignored the demands as well as
refused to return the blueprint. Ms. Lopez was of the opinion that Soler was not entitled to it because her designs did not conform to the
bank's policy of having a standard design, and that there was no agreement between her and the bank. Hence, Soler filed a complaint for
collection of professional fees and damages.

ISSUE: WON there was a perfected contract between Jazmin Soler and COMBANK and Nida Lopez.

RULING: In the case at bar, there was a perfected oral contract.


A contract is a meeting of the minds between two persons whereby one binds himself to give something or to render some service to bind
himself to give something to render some service to another for consideration.

There is no contract unless the following requisites concur:


1. Consent of the contracting parties;
2. Object certain which is the subject matter of the contract; and
3. Cause of the obligation which is established.

A contract undergoes three stages:

(a) preparation, conception, or generation, which is the period of negotiation and bargaining, ending at the moment of agreement of
the parties;

(b) perfection or birth of the contract, which is the moment when the parties come to agree on the terms of the contract; and

(c) consummation or death, which is the fulfillment or performance of the terms agreed upon in the contract.

When Ms. Lopez and Soler met and discussed the details of the work, the first stage of the contract commenced. When they agreed to the
payment of P10,000.00 as professional fees and that she should give the designs before the December 1986 board meeting of the bank, the
second stage of the contract proceeded, and when finally, petitioner gave the designs to Ms. Lopez, the contract was consummated.

Also, petitioner may be paid on the basis of quantum meruit. "It is essential for the proper operation of the principle that there is an
acceptance of the benefits by one sought to be charged for the services rendered under circumstances as reasonably to notify him that the
lawyer performing the task was expecting to be paid compensation therefor. The doctrine of quantum meruit is a device to prevent
undue enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it."

We note that the designs submitted to Ms. Lopez and were in fact useful to her.

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