Obli - Chap 9
Obli - Chap 9
INEXISTENT
CONTRACTS
CHAPTER 9 I OBLIGATION AND
CONTRACTS
VOID CONTRACTS
VOIDABLE VOID
DEFECTIVE
RESCISSIBLE VOIDABLE UNENFORCEABLE VOID
CONTRACTS
NOTE: Only the court can declare that the contract is null and
void.
CHARACTERISTICS OF A VOID CONTRACT
DEFECTIVE
CONTRACTS
RESCISSIBLE VOIDABLE UNENFORCEABLE VOID
NO NO
PRESCRIPTION 4 YEARS 4 YEARS
PRESCRIPTION PRESCRIPTION
CHARACTERISTICS OF A VOID CONTRACT
EXAMPLE:
Alaska sells Bearbrand the Pagsanjan Falls and
Bearbrand gives Alaska the money. Is the contract void?
Why?
✓ HOWEVER, if the contract is illegal OR void, even a third person may avail
of the defense of illegality or set up its illegality as long as his interest is
directly affected by the contract
CHARACTERISTICS OF A VOID CONTRACT
EXAMPLE:
land? Why?
Title : Cook vs. McMicking
Case : G.R. No. 8913
Ponente : MORELAND, J
Decision Date : Mar 3, 1914
FACTS:
•Creditor Nellie Louise Cook filed a lawsuit to set aside a transfer of real
estate made by her debtor, Edward Cook, to his wife in 1904.
•Nellie Louise Cook claims to be the absolute owner of a piece of land in the
district of Paco, Manila, which is registered under her name.
•In 1912, a judgment was entered against Edward Cook for the sum of
P10,000, and an execution was issued, levying upon the land owned by
Nellie Louise Cook.
•The property was advertised for sale, prompting Nellie Louise Cook to file for
an injunction to permanently prohibit the defendants from selling the land.
ISSUE:
Whether a creditor (Johnson) has the standing to
challenge the validity of a transfer of real estate made by
Edward Cook to his wife, Nellie Louise Cook, and
whether such transfer is subject to prohibition under
Article 1458 of the Civil Code.
RULING :
• The Court ruled in favor of Nellie Louise Cook and affirmed the
judgment of the lower court, permanently restraining the defendants
from selling the property.
•The creditor, who became such in 1911, had no standing to challenge
the validity of the transfer made in 1904. The prohibition under Article
1458 of the Civil Code, which restricts certain transfers between
spouses, can only be invoked by individuals who had a relationship to
the parties at the time of the transfer that would be affected by it. Since
the creditor had no such relationship when the transfer occurred, they
cannot attack its validity.
• Although transfers between spouses are restricted under Article
1458, this prohibition can only be used by parties who have rights
or interests in the property that the transfer interferes with. As
Johnson and other creditors had no rights or interests in 1904,
they cannot challenge the transfer.
• The property is owned by Nellie Louise Cook and is not subject
to levy and sale under the execution against Edward Cook.
DECISION:
The Supreme Court affirmed the judgment of the
Court of First Instance, continuing the injunction
against the sale of the property, and ruled with costs
against the appellants.
CHARACTERISTICS OF A VOID CONTRACT
"CONCEPT OF NOVATION"
Eeither change the object, subject or
conditions of a contract.
A void obligation cannot be novated because there is
nothing to novate. (ART. 1298)
EXAMPLE:
Optimus sells a Yellow Chevrolet Camaro to Megatron. The
two parties also signed a repurchase contract wherein
Optimus has the right to buy back the car within two years.
It turned out that the Yellow Chevrolet Camaro was
rightfully owned by Bumblebee, and not by Optimus. What
is the nature of the repurchase contract? Why?
INSTANCES OF VOID
AND INEXISTENT
CONTRACTS
Article 1409: Instances of Void and Inexistent Contracts
Question:
Is the agreement between Emma and Frank legally binding?
Ex: Contract Contrary to Public Policy
Claire agrees to pay Dave 5,000 to make false statements about
a rival company to damage its reputation.
Question:
Can Claire legally enforce the contract with Dave?
(2) Those which are absolutely simulated or fictitious;
Facts:
• Tan sold a parcel of land to Chua, but both parties had a
secret agreement that the sale was not real and that Chua
would not pay for the land, nor would Tan transfer ownership.
• The contract was executed to deceive Tan’s creditor by
making it appear that Tan had fewer assets than he actually
did.
Title: Case of Tan vs. Court of Appeals
Case: G.R. No. 48043,
Decision Date: August 27,2007
Ruling:
• The supreme court found that the contract was an absolute
simulation. Both parties had no intention to perform their
respective obligations under the contract.
• Since the contract was a sham, it was declared void and
without legal effect.
Title: Case of Tan vs. Court of Appeals
Case: G.R. No. 48043,
Decision Date: August 27,2007
Legal Principle:
• Absolute simulation contracts are void because they lack the
true consent necessary for a valid contract.
• The intent to create legal obligations is absent, which is a
fundamental requirement for the enforceability of a contract.
(3) Those whose cause or object did
not exist at the time of the
transaction;
Example: Non-Existent Subject Matter
RULING:
The leases or licenses given to the stallholders are null and void.
The Executive Order authorizing the use of a public street as a
vending area is invalid.
The city officials are ordered to clear the streets and restore
them to their public purpose
(5) Those which contemplate an impossible service;
However, shortly after signing the contract, Mark suffers a severe injury to
his hand in a car accident, causing permanent damage that affects his
ability to play the violin at a professional level.Is the contract between
Mark and the concert promoter enforceable?
(6) Those the intention of the parties
relative to the principal object of the
contract cannot be ascertained;
EXAMPLE:
Anna sold his land to Ben. Anna has many lands. It
cannot be determined which land was intended by the
parties to be the subject of the sale.
FACTS:
In "EPG Construction Co. v. Vigilar," petitioners, a group of construction
companies represented by Marcelo D. Foronda, sought to reverse the
decision of the Regional Trial Court of Quezon City, Branch 226.
The lower court dismissed their Petition for Mandamus against Hon.
Gregorio R. Vigilar, Secretary of the Department of Public Works and
Highways (DPWH).
The case originated from a 1983 housing project by the Ministry of Human
Settlement through the BLISS Development Corporation on government
property along the east bank of the Manggahan Floodway in Pasig City.
A Memorandum of Agreement (MOA) was signed between the Ministry of
Human Settlement and the Ministry of Public Works and Highways to
develop the site and construct 145 housing units.
DPWH contracted the petitioners to construct around two-thirds of each
housing unit.
Following verbal requests and assurances from DPWH Undersecretary Aber
Canlas, the petitioners undertook additional constructions to complete the
housing units without written contracts or appropriations.
Petitioners received payment for the initial work but were left
with an unpaid balance of P5,918,315.63 for the additional
constructions.
Despite favorable recommendations and the release of funds
by the Department of Budget and Management, DPWH
Secretary Gregorio Vigilar denied the payment claims.
Petitioners filed a Petition for Mandamus, which was dismissed
by the lower court on November 7, 1997.
ISSUE:
Are the petitioners-contractors entitled to compensation
for the additional constructions on the public works
housing project despite the absence of written contracts
and appropriations?
Does the principle of State immunity from suit apply in this
case to bar the petitioners' claims?
RULING:
Yes, the petitioners-contractors are entitled to
compensation for the additional constructions on the
public works housing project based on the principle of
quantum meruit.
No, the principle of State immunity from suit does not
apply in this case to bar the petitioners' claims.
LEGAL
IMPLICATIONS AND
CONSEQUENCES
Pari Delecto
FACTS:
Teodoro Sanchez appealed a decision ordering him to pay his indebtedness to
Alejo Sanchez.
The dispute arises from a loan with usurious interest.
Teodoro argues that both the loan and the usurious interest are void.
The loan was made on August 25, 1976, and Alejo sued Teodoro in the Municipal
Court of Bato, Camarines Sur for the recovery of P2,000.00.
The notes contained stipulations for interest at the rate of 10% per month.
The Municipal Court ordered Teodoro to pay Alejo P2,000.00 plus interest at the
legal rate from the filing of the complaint.
Teodoro appealed to the Court of First Instance of Camarines Sur, which affirmed
the judgment with modification as to costs.
ISSUE:
Whether in loan contracts where it is found that the interest is usurious renders
the entire contract void, i.e., both the principal and the interest.
HELD:
No, only with respect to interest, in that case, legal interest rate shall apply. It is
now well-settled that: "the Usury Law (Act No. 2655), by its letter and spirit,
does not deprive the lender of his right to recover of the borrower the money
actually loaned this only in the case that the interest collected is usurious. The
law, as it is now, does not provide for the forfeiture of the capital in favor of the
debtor in usurious contract ... (Lopez and Javelona vs. El Hogar Filipino, 47 Phil.
249, 275 (1925].)
2. Recovery where contract for an illegal purpose.
(1414)
Requisites:
1. The contract is for an illegal purpose
2. The contract is repudiated before the purpose has been
accomplished or before any damage has been caused to a
third person
3. The court considers that public interest will be subserved by
allowing recovery.
EXAMPLE:
FACTS
The case involves three related cases between the petitioners (Benjamin V.
Guiang and Natividad H. Guiang; Aurelio B. Hiquiana and Pastora O. Hiquiana) and
the private respondents (Filomeno C. Kintanar and Corazon B. Kintanar; Cora Ann
B. Kintanar, Cora Lou B. Kintanar, Fil Roger B. Kintanar).
A judgment based on a compromise agreement was issued by the trial court in
1975.
Three years later, the private respondents sought execution of the judgment,
alleging that the petitioners failed to execute the corresponding deeds of sale
over the remaining lots.
FACTS:
The petitioners opposed the execution, arguing that the compromise
agreement violated the 1973 Constitution and the Public Land Act.
ISSUES:
Is the act illegal per se?
RULING:
Judgment is rendered granting the petition. The disputed
compromise agreement is contrary to the public policy embodied in
our Constitution and the Public Land Act as amended by the former
since January 17, 1973, but it is not illegal per se.
5. Recovery of amount paid in excess of ceiling
price (1417)
Facts
Casiano Saladas was an employee of Franklin Baker Company from December 7,
1949, to June 2, 1952.
Saladas filed a claim for overtime services with the Wage Administration Service of
the Department of Labor and was found entitled to collect P3,799.52.
Saladas filed a case in the Court of First Instance of Rizal to recover the amount,
but the case was dismissed without prejudice due to a motion for continuance
filed by Saladas.
A year and a half later, Saladas filed the present action to recover the same
overtime compensation.
Issue:
Whether or not petitioner is entitled to the overtime
compensation.
Held:
Yes, Under the Commonwealth Act No. 444 or otherwise known as
the Eight Hour Labor Law, employees are entitled to additional
compensation for services rendered beyond the eight-hour limit.
7. Recovery of amount of wage less than minimum fixed
If the employee or worker receives less than the minimum
wage rate, he can still recover the deficiency with legal interest
and the employer shall be criminally liable.
EXAMPLE:
Bryle the owner of a Shoe Factory in Manila executed a contract
with James as a laborer. When the pay day comes, James reacted
for the sum of money that he received because the amount that
he received is P580.00/day instead of P680.00. Can James
recover the deficiency? How much James can recover for the
deficiency?
THANK
YOU !