- Statute
- Civil Code
- Article
- Art. 1412
- Topic
- Void and Inexistent Contracts
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 9 Void and Inexistent Contracts
- Formerly
- Art. 1306 of the old Civil Code
- Year
- 1949
The provision
If the act in which the unlawful or forbidden cause consists does not constitute a criminal offense, the following rules shall be observed: (1) When the fault is on the part of both contracting parties, neither may recover what he has given by virtue of the contract, or demand the performance of the other's undertaking; (2) When only one of the contracting parties is at fault, he cannot recover what he has given by reason of the contract, or ask for the fulfillment of what has been promised him. The other, who is not at fault, may demand the return of what he has given without any obligation to comply his promise. (1306)
Cases applying this article
- Desiderio Ranara, Jr. v. Zacarias de Los Angeles, Jr. G.R. No. 200765
- People Bank v. The Register of Deeds For the City of Manila G.R. No. 41278
- Concepcion Abella de Diaz v. Erlanger & Galinger G.R. No. 38052
- Potenciano Ramirez v. Ma. Cecilia Ramirez G.R. No. 165088
- Jose Menchavez v. Florentino Teves Jr. G.R. No. 153201
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 Provisions may have been amended or repealed.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.