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Unlawful Contracts

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1 Unlawful Contracts on Thu Oct 22, 2015 4:14 pm


Arresto Menor
Is it legal to enforce a contract which has been "modified" from the original form  prescribed under an Executive Order?

And where the provisions will cause financial gain for the government at the expense of a private individual.

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2 Re: Unlawful Contracts on Wed Nov 18, 2015 4:51 pm


Reclusion Perpetua
Using the general rule of contracts under our civil code, I do not think any modifications in a previously-valid contract will be allowed if not without the consent of both parties, even if the party is the PH government. It is well-settled that consent of both parties are needed if there is a need to change the terms and conditions of a contract, since the law prohibits unjust enrichment of any one party that seeks to one-up the other.

Just to be sure, you can always ask for free legal advice in the Public Attorney's Office.

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