Text of the provision
Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.
(4a)
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
An act done in violation of a mandatory law (one that commands) or a prohibitory law (one that forbids) is generally void — it produces no legal effect. The exception is where the law itself, despite the violation, chooses to uphold the act's validity (for example, marking a term as merely voidable, or validating a defective act for the sake of innocent parties).
Related provisions
- Article 6 — when rights may (and may not) be waived.
- Article 3 — ignorance of such laws is no excuse.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.
Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.