Agreement And Release Template for Philippines

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Key Requirements PROMPT example:

Agreement And Release

"I need an Agreement and Release document for an employee separation from our tech company, effective March 15, 2025, including standard confidentiality provisions and a settlement payment of 500,000 PHP to be paid in two installments."

Document background
The Agreement and Release is a vital legal instrument in Philippine business and civil matters, commonly used to formalize settlements, conclude business relationships, or resolve disputes while providing mutual protection to all parties involved. This document type is particularly relevant when parties wish to reach a definitive conclusion to their dealings while ensuring that all potential claims or liabilities are properly addressed and released. It must be drafted in compliance with Philippine civil law requirements, particularly the Civil Code's provisions on contracts and obligations. The document typically includes essential elements such as clear identification of parties, detailed description of the subject matter, specification of consideration, comprehensive release provisions, and various protective clauses. It's frequently used in employment separations, business dissolutions, dispute settlements, and other situations where parties need to document both their forward-looking agreements and backward-looking releases.
Suggested Sections

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

2. Background: Sets out the context and circumstances leading to the agreement and release, including any relevant history of the relationship between the parties

3. Definitions: Defines key terms used throughout the agreement for clarity and consistency

4. Consideration: Specifies the consideration being provided in exchange for the release, as required for contract validity under Philippine law

5. Release Provisions: Details the specific claims, rights, and obligations being released, including the scope and extent of the release

6. Representations and Warranties: Contains statements of fact and guarantees made by each party regarding their capacity to enter into the agreement and other relevant matters

7. Confidentiality: Sets out obligations regarding the confidentiality of the agreement and its terms

8. Governing Law: Specifies that Philippine law governs the agreement and details jurisdiction for dispute resolution

9. Entire Agreement: Confirms that this document represents the complete agreement between the parties and supersedes any prior agreements

10. Execution: Contains signature blocks and execution formalities compliant with Philippine law requirements

Optional Sections

1. Non-Admission of Liability: Include when the release relates to disputed matters and the paying party wishes to explicitly state that the settlement does not constitute an admission of liability

2. Future Cooperation: Include when parties need to specify any ongoing obligations or cooperation requirements after the release

3. Tax Provisions: Include when the consideration or settlement amount has tax implications that need to be addressed

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

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

6. Severability: Include when parties want to ensure that if any provision is found invalid, the rest of the agreement remains effective

7. Amendment Provisions: Include when parties want to specify procedures for future modifications to the agreement

8. Insurance and Indemnification: Include when ongoing indemnification obligations need to be addressed or preserved

Suggested Schedules

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

2. Schedule B - Settlement Payment Terms: Details of any settlement amounts, payment schedules, and payment methods

3. Schedule C - Excluded Claims: List of any claims or rights specifically excluded from the release

4. Appendix 1 - Related Agreements: Copies or references to any related agreements affected by or relevant to the release

5. Appendix 2 - Corporate Authorizations: Copies of corporate resolutions or other authorization documents if parties are corporations

6. Appendix 3 - Property Schedule: Detailed list of any property to be transferred or returned between parties

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Banking and Finance

Real Estate

Construction

Manufacturing

Information Technology

Healthcare

Retail

Professional Services

Insurance

Education

Telecommunications

Transportation and Logistics

Energy

Mining

Agriculture

Entertainment and Media

Relevant Teams

Legal

Human Resources

Compliance

Risk Management

Finance

Operations

Corporate Affairs

Administrative

Executive Leadership

Business Development

Relevant Roles

Legal Counsel

Corporate Secretary

Human Resources Director

Chief Executive Officer

Chief Financial Officer

Risk Manager

Compliance Officer

Operations Manager

Contract Administrator

Business Development Manager

Project Manager

Human Resources Manager

Settlement Officer

Claims Manager

General Manager

Managing Director

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary law governing contracts, obligations, and their extinguishment in the Philippines. Particularly relevant are Book IV on Obligations and Contracts, including provisions on essential requisites of contracts, consent, object, cause, form, and interpretation.
New Civil Code Article 1306: Specifies that parties to a contract may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy.
New Civil Code Article 1234: Governs the extinguishment of obligations, including release and waiver of claims, which is crucial for the release portion of the agreement.
Statute of Limitations (Civil Code Articles 1139-1155): Prescribes the time limits within which different types of actions must be brought, which is relevant for determining the scope and effectiveness of the release.
Labor Code of the Philippines: If the agreement and release involves employment matters, provisions of the Labor Code regarding quitclaims and waivers must be considered, particularly the principle that waivers of labor rights must be voluntary and for reasonable consideration.
Corporation Code of the Philippines: If any party to the agreement is a corporation, relevant provisions regarding corporate authority to enter into contracts and releases must be considered.
Electronic Commerce Act (Republic Act No. 8792): If the agreement will be executed electronically, this law governs the validity and enforceability of electronic signatures and documents.
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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