- Statute
- Civil Code
- Article
- Art. 1411
- Topic
- Void and Inexistent Contracts
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 9 Void and Inexistent Contracts
- Formerly
- Art. 1305 of the old Civil Code
- Year
- 1949
The provision
When the nullity proceeds from the illegality of the cause or object of the contract, and the act constitutes a criminal offense, both parties being in pari delicto, they shall have no action against each other, and both shall be prosecuted. Moreover, the provisions of the Penal Code relative to the disposal of effects or instruments of a crime shall be applicable to the things or the price of the contract. This rule shall be applicable when only one of the parties is guilty; but the innocent one may claim what he has given, and shall not be bound to comply with his promise. (1305)
Cases applying this article
- Desiderio Ranara, Jr. v. Zacarias de Los Angeles, Jr. G.R. No. 200765
- Potenciano Ramirez v. Ma. Cecilia Ramirez G.R. No. 165088
Browse the Civil Code
Continue your research on Intellegal
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 Provisions may have been amended or repealed.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.