Text of the provision
Art. 1378. When it is absolutely impossible to settle doubts by the rules established in the preceding articles, and the doubts refer to incidental circumstances of a gratuitous contract, the least transmission of rights and interests shall prevail. If the contract is onerous, the doubt shall be settled in favor of the greatest reciprocity of interests. If the doubts are cast upon the principal object of the contract in such a way that it cannot be known what may have been the intention or will of the parties, the contract shall be null and void.
(1289)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
When doubts cannot be settled by the other rules: in gratuitous contracts, the least transmission of rights prevails; in onerous ones, the greatest reciprocity of interests; and if the doubt goes to the principal object so intent cannot be known, the contract is void.
Related provisions
- Article 1377 — Ambiguity Against the Drafter (Contra Proferentem).
- Article 1379 — Rules of Court on Interpretation.
Cases citing this article
- Merlinda Plana vs. Lourdes Tan Chiua and Heirs of Ramon Chiang, G.R. No. 250636, January 10, 2023 — read the decision on LawPhil →
- Heirs of Mary Lane R. Kim, represented by Kim Sung II, Janice Kim, G.R. No. 249247, March 15, 2021 — read the decision on LawPhil →
- Spouses Rene Luis Godinez and Shemayne Godinez vs. Spouses Andrew T. Norman and Janet, G.R. No. 225449, February 26, 2020 — read the decision on LawPhil →
- United Planters Sugar Milling Co., Inc. (UPSUMCO) vs. The Honorable Court of Appeals, et al, G.R. No. 126890, April 2, 2009 — read the decision on LawPhil →
- Zomer Development Co. Inc. vs. International Exchange Bank, et al, G.R. No. 150694, March 13, 2009 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.