Text of the provision
Art. 1409. The following contracts are inexistent and void from the beginning:
(1) Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy;
(2) Those which are absolutely simulated or fictitious;
(3) Those whose cause or object did not exist at the time of the transaction;
(4) Those whose object is outside the commerce of men;
(5) Those which contemplate an impossible service;
(6) Those where the intention of the parties relative to the principal object of the contract cannot be ascertained;
(7) Those expressly prohibited or declared void by law. These contracts cannot be ratified. Neither can the right to set up the defense of illegality be waived.
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
Contracts are void and inexistent from the beginning when the cause/object/purpose is unlawful, when absolutely simulated, when the cause or object did not exist or is outside the commerce of men or an impossible service, when intent cannot be ascertained, or when the law expressly prohibits or voids them. They cannot be ratified, and the defense of illegality cannot be waived.
Related provisions
- Article 1408 — Third Persons and Unenforceable Contracts.
- Article 1410 — Imprescriptibility of Void Contracts.
Cases citing this article
- Eriberto Masangkay vs. People of the Philippines, G.R. No. 164443, June 18, 2010 — read the decision on LawPhil →
- Belinda Alexander vs. Spouses Jorge and Hilaria Escalona and Reygan Escalona, G.R. No. 256141, July 19, 2022 — read the decision on LawPhil →
- Jesus Campos and Rosemarie Campos-Bautista vs. Nenita Buevinida Pastrana, et al, G.R. No. 175994, December 8, 2009 — read the decision on LawPhil →
- Conchita Nool, et al. vs. Court of Appeals, et al, G.R. No. 116635, July 24, 1997 — read the decision on LawPhil →
- Gma Network, Inc. and Citynet Network Marketing and Productions, Inc. vs. Abc Development (ABC), Media Prima Berhad, and Mpb Primedia, Inc, G.R. No. 205986, January 11, 2023 — 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.