Article 1409
ELI5— what this means for you
Void contracts have no effect from the start and cannot be ratified. Examples: contracts with illegal cause, those contrary to law/morals/public policy, absolutely simulated contracts, contracts where the object is outside commerce.
Key point
A contract to perform an illegal act is void — the court will not enforce it regardless of the parties' agreement.
Official text — RA 386
The following contracts are inexistent and void from the beginning:
(1) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy;
(2) Those which are absolutely simulated or fictitious;
(3) Those whose cause or object did not exist at the time of the transaction;
(4) Those whose object is outside the commerce of men;
(5) Those which contemplate an impossible service;
(6) Those where the intention of the parties relative to the principal object of the contract cannot be ascertained;
(7) Those expressly prohibited or declared void by law.
These contracts cannot be ratified. Neither can the right to set up the defense of illegality be waived.
Source: lawphil.net (RA 386 as amended)
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RELATED RIGHTS
Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on contracts, property rights, obligations, or civil damages, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.