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Mutual General Release for Philippines

Mutual General Release Template for Philippines

A Mutual General Release is a legally binding agreement under Philippine law where two or more parties agree to release each other from any and all claims, demands, or liabilities that may exist between them, whether known or unknown, arising from any past dealings or relationships. This document, governed by the Civil Code of the Philippines, serves as a comprehensive settlement tool that prevents future litigation and provides mutual closure. It includes specific provisions for the scope of release, consideration, representations and warranties, and typically incorporates Philippine-specific legal requirements for contract formation and enforcement.

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What is a Mutual General Release?

The Mutual General Release is a critical legal instrument in Philippine business and civil relationships, designed to provide a clean break between parties who wish to resolve all existing disputes and prevent future claims. This document is commonly used in various scenarios including business relationship terminations, employment separations, settlement of disputes, or conclusion of project collaborations. It draws its legal foundation from the Civil Code of the Philippines, particularly provisions relating to contracts, obligations, and settlements. The document typically includes comprehensive releases, warranties, and indemnifications, ensuring that all potential claims, whether known or unknown at the time of execution, are effectively addressed and resolved. Its preparation requires careful consideration of Philippine contract law principles and specific requirements for valid releases and waivers.

What sections should be included in a Mutual General Release?

1. Parties: Identifies and defines all parties to the agreement, including their complete legal names, addresses, and any relevant corporate details

2. Background: Outlines the context of the relationship between the parties and any disputes or circumstances leading to this release

3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Released Matters', and other relevant terminology

4. Mutual Release: Core section detailing the mutual releases being granted by each party, including the scope and extent of claims being released

5. Consideration: Specifies the consideration being exchanged for the releases, even if nominal, to ensure legal validity under Philippine contract law

6. Representations and Warranties: Each party's confirmations regarding their authority to enter into the agreement and that they have not assigned any claims to third parties

7. No Admission of Liability: Statement that the agreement and releases do not constitute an admission of liability by any party

8. Confidentiality: Provisions regarding the confidentiality of the agreement and its terms

9. Governing Law and Jurisdiction: Specifies Philippine law as governing law and designates courts having jurisdiction

10. Entire Agreement: Confirms that this document represents the entire agreement between the parties regarding the released matters

11. Execution: Signature blocks and execution formalities complying with Philippine legal requirements

What sections are optional to include in a Mutual General Release?

1. Non-Disparagement: Include when parties wish to prevent negative statements about each other after the release

2. Return of Property: Include when there is physical or intellectual property that needs to be returned between parties

3. Cooperation: Include when ongoing cooperation is needed for implementing the release or related matters

4. Tax Matters: Include when the release involves payments with tax implications

5. Future Claims: Include when specifically addressing potential future claims that may arise

6. Survival: Include when certain provisions need to survive the general release

7. Insurance: Include when insurance policies or claims are relevant to the release

What schedules should be included in a Mutual General Release?

1. Schedule A - Released Claims: Detailed list of specific claims, disputes, or matters being released

2. Schedule B - Excluded Claims: List of any specific claims or matters explicitly excluded from the release

3. Schedule C - Related Agreements: List of any related agreements affected by or referenced in the release

4. Schedule D - Payment Terms: If applicable, detailed terms of any payments associated with the release

5. Appendix 1 - Corporate Authorizations: Copies of corporate resolutions or other authorization documents if parties are corporations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions






























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Relevant Industries

Manufacturing

Real Estate

Construction

Financial Services

Technology

Healthcare

Retail

Education

Professional Services

Transportation

Energy

Telecommunications

Agriculture

Mining

Entertainment

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Relevant Teams

Legal

Human Resources

Compliance

Risk Management

Corporate Affairs

Executive Leadership

Finance

Operations

Administrative Services

Contract Administration

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Legal Director

Corporate Secretary

Human Resources Director

Risk Manager

Compliance Officer

Business Unit Director

Contract Manager

Settlement Officer

Dispute Resolution Manager

Corporate Lawyer

Employment Lawyer

Project Manager

Chief Financial Officer

Operations Director

Industries







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