Text of the provision
Art. 1412. 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)
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
Where the unlawful cause is not a crime: if both are at fault, neither recovers or can demand performance; if only one is at fault, he cannot recover, but the innocent party may recover what he gave without having to perform.
Related provisions
- Article 1411 — In Pari Delicto: Criminal Cause.
- Article 1413 — Recovery of Usurious Interest.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.