Civil Code Art. 1408: Unenforceable Contracts

Statute: Civil Code
Article: Art. 1408
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

Unenforceable contracts cannot be assailed by third persons.

Intellegal Wiki · In plain terms

An unenforceable contract can be challenged on that ground only by the parties to it; outsiders (third persons) have no standing to attack the contract for being unenforceable.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

The Philippine National Bank v. Margarita Quintos E Yparraguirre G.R. No. 22383
Agustin Ga. Gavieres v. The Administrators of the Estate of Luis Pena G.R. No. 4992
Leocadio Joaquin v. Lamberto Avellana G.R. No. 4585

Related provisions in this Chapter

Civil Code, Art. 1407 Unenforceable Contracts
Civil Code, Art. 1405 Unenforceable Contracts
Civil Code, Art. 1404 Unenforceable Contracts

Civil Code, Art. 1408 is found in CHAPTER 8 Unenforceable Contracts of TITLE II CONTRACTS of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.