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Promissory Contract for Philippines

Promissory Contract Template for Philippines

A Promissory Contract under Philippine law is a formal written instrument that contains an unconditional promise by one party (the promisor) to pay a determinate sum of money to another party (the promisee) at a specified time. The document is governed by the Civil Code of the Philippines and the Negotiable Instruments Law, requiring specific elements such as clear payment terms, interest rates in compliance with Philippine banking regulations, and proper execution requirements. It serves as a legally binding commitment that can be used in various financial transactions, from simple personal loans to complex business financing arrangements.

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What is a Promissory Contract?

A Promissory Contract is a fundamental legal instrument in Philippine financial transactions, essential for documenting monetary obligations between parties. This document type is commonly used when there is a need to formalize a promise to pay a specific amount, whether in business financing, personal loans, or commercial transactions. The contract must comply with Philippine legal requirements, particularly the Civil Code of the Philippines and the Negotiable Instruments Law, which specify essential elements such as the parties' details, principal amount, interest rate, payment terms, and execution requirements. It can be used in various contexts, from simple personal loans to complex corporate financing, and may include additional provisions such as security interests, guarantees, or specific performance conditions. The document's enforceability is strengthened by proper documentation of the debt obligation and compliance with Philippine banking and financial regulations.

What sections should be included in a Promissory Contract?

1. Parties: Identification of the Promisor (debtor) and Promisee (creditor) with complete legal names and addresses

2. Background: Brief context of the debt obligation and the relationship between the parties

3. Definitions: Key terms used in the contract including 'Principal Sum', 'Interest Rate', 'Due Date', and other relevant terms

4. Promise to Pay: Clear statement of the promise to pay, including the principal amount in both numbers and words

5. Payment Terms: Detailed terms including interest rate, payment schedule, method of payment, and due dates

6. Default and Remedies: Consequences of default and available remedies for the creditor

7. Representations and Warranties: Basic representations about capacity to enter contract and validity of debt

8. Notices: How and where formal notices between parties should be delivered

9. Governing Law: Specification of Philippine law as governing law and jurisdiction

10. Execution: Signature blocks and notary requirements

What sections are optional to include in a Promissory Contract?

1. Security: Include when the promise to pay is secured by collateral or guarantees

2. Acceleration Clause: Include when early payment requirements upon specific triggers are needed

3. Prepayment Terms: Include when early payment options and any associated penalties need to be specified

4. Co-Makers: Include when there are co-makers or guarantors of the promise

5. Assignment: Include when the right to assign or transfer the promissory contract needs to be addressed

6. Insurance: Include when insurance requirements for secured property need to be specified

7. Attorney's Fees: Include when recovery of legal fees in case of enforcement needs to be addressed

What schedules should be included in a Promissory Contract?

1. Payment Schedule: Detailed amortization table showing payment dates, principal, interest, and running balance

2. Collateral Details: Description and documentation of any security or collateral (if applicable)

3. Guarantor Information: Details of guarantors or co-makers including their financial statements (if applicable)

4. Interest Calculation Method: Detailed explanation of how interest is calculated and applied

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

Promissory Note

Sector

Banking

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Banking

Financial Services

Real Estate

Construction

Manufacturing

Retail

Small and Medium Enterprises

Agriculture

Technology

Professional Services

Healthcare

Education

Relevant Teams

Legal

Finance

Treasury

Credit and Collections

Compliance

Risk Management

Corporate Secretariat

Business Development

Accounts Receivable

Operations

Relevant Roles

Chief Financial Officer

Finance Manager

Credit Manager

Legal Counsel

Corporate Lawyer

Compliance Officer

Treasury Manager

Accounts Receivable Manager

Loan Officer

Credit Analyst

Risk Manager

Banking Officer

Financial Controller

Business Development Manager

Company Secretary

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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