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JULIAN FRANCISCO v. PASTOR HERRERA

This case has been cited 2 times or more.

2011-11-28
LEONARDO-DE CASTRO, J.
There are two types of void contracts: (1) those where one of the essential requisites of a valid contract as provided for by Article 1318 of the Civil Code is totally wanting; and (2) those declared to be so under Article 1409 of the Civil Code.[32]  "[C]onveyances by virtue of a forged signature x x x are void ab initio.  The absence of the essential [requisites] of consent and cause or consideration in these cases rendered the contract inexistent. x x x."[33]
2009-12-11
CARPIO, J.
The trial court has declared, and we affirm, that the Junket Agreement is void. A void or inexistent contract is one which has no force and effect from the very beginning. Hence, it is as if it has never been entered into and cannot be validated either by the passage of time or by ratification.[64] Article 1409 of the Civil Code provides that contracts expressly prohibited or declared void by law, such as gambling contracts, "cannot be ratified."[65]