- Statute
- Civil Code
- Article
- Art. 1405
- Topic
- Unenforceable Contracts
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 8 Unenforceable Contracts
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Contracts infringing the Statute of Frauds, referred to in No. 2 of article 1403, are ratified by the failure to object to the presentation of oral evidence to prove the same, or by the acceptance of benefit under them.
Intellegal Wiki · In plain terms
Contracts that violate the Statute of Frauds (which requires certain agreements to be in writing) are unenforceable, but can be validated — either by failing to object when oral evidence of them is offered in court, or by accepting a benefit under the contract.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Estate of Valeriano C. Bueno v. Estate of Atty. Eduardo M. Peralta, Sr., the Supreme Court held: An oral contract otherwise within the Statute of Frauds is taken out of it and enforceable once ratified by the parties' performance or their failure to object to parol evidence (Article 1405).
One leading Supreme Court case applying this provision.
Cases applying this article
- Estate of Valeriano C. Bueno v. Estate of Atty. Eduardo M. Peralta, Sr. G.R. No. 205810
- Gregorio F. Averia v. Domingo Averia G.R. No. 141877
- Chevron Philippines v. Looyuko G.R. No. 236525