A contract, under Philippine law, becomes binding as soon as there is mutual consent between the parties, consideration (payment or exchange of services), and a lawful object (subject matter of the agreement). These elements are enough to form a valid and enforceable contract, even without notarization.
While not required by law, having the promissory note notarized can provide additional legal protection and evidentiary weight in court should any dispute arise over its enforcement.
Lending agreements are governed by the Civil Code of the Philippines, along with other relevant laws such as the Lending Company Regulation Act and the Usury Law, although the latter is largely outdated due to the Central Bank's removal of interest rate ceilings.
7 Best Practices When Drafting Simple Agreements Start with a clear statement of purpose. Define key terms and definitions. Use clear and concise language. Include dispute resolution provisions. Consider the potential consequences of the breach. Include termination and renewal provisions. Use a standard contract template.
Although a document must be signed by each party to be considered legally binding, the mere presence of signatures does not guarantee that an agreement is enforceable in court. To be considered a legally binding contract or document, three critical elements must also be present: Subject, Consideration, and Capacity.