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Ang Batas, Sa Simpleng Salita — your rights, finally explained.

Article 1409

RA 386 · Civil Code of the PhilippinesKey provision

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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