KINDS OF VOID CONTRACT

• 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;
• The following contracts are inexistent and VOID from the beginning:

   

  (2) Those which are absolutely simulated or fictitious;
• The following contracts are inexistent and VOID from the beginning:

   

  (3) Those whose cause or object did not exist at the time of the transaction;
• The following contracts are inexistent and VOID from the beginning:

   

  (4) Those whose object is outside the commerce of men;
• The following contracts are inexistent and VOID from the beginning:

   

  (5) Those which contemplate an impossible service;
• The following contracts are inexistent and VOID from the beginning:

   

  (6) Those where the intention of the parties relative to the principal object of the contract cannot be ascertained;
• The following contracts are inexistent and VOID from the beginning:

   

  (7) Those expressly prohibited or declared void by law;
• Those whose cause, object or purpose is contrary to law, morals, good customs, public order or public policy;


  A and B entered into a contract of lease of the latter's house for P10,000 per month. The purpose of said lease is to serve the same as a sex den or prostitution house. Knowing this intention, they proceeded with the deal.

  NOTE: The contract is therefore void from the beginning because the cause or consideration is contrary to law and morals.
• Those which are absolutely simulated or fictitious;


   A is heavily indebted to B.  In order to avoid his sole property from being levied out of his indebtedness, A acted in cahoots with X. They signed a false contract of sale that shows A has sold his property to X. Of course A and X know that this is not really true and its purpose is only to show to B that A has no more property left so that B would no longer chase him.  

  NOTE: The contract between A and X is void because it is simulated.
• Those which are absolutely simulated or fictitious;


   Bobby forged a contract of sale between him and Alex. In the said contract, it appears that Alex is selling his car to Bobby.  What Bobby did however was to forge the signature of Alex as the seller.  

  NOTE: The said contract is void because it is fictitious.
• Those whose cause or object did not exist at the time of the transaction;


  On October 05, 2018, A contracted B to deliver to him 1,000 vials of AIDS vaccine at P5000,000.00 per vial.   NOTE: The contract is void because the object does not exist at the time of the transaction.
• Those whose object is outside the commerce of men;


  A sold to B 10 kilos of shabu.  NOTE: The contract  is void because its object is outside the commerce of men.
• Those which contemplate an impossible service;


  A contracted the services of Mando to count all the stars in the sky.   NOTE: The contract is void because it is impossible for the party to perform the act being sought to be done.
• Those where the intention of the parties relative to the principal object of the contract cannot be ascertained;

  
• Those expressly prohibited or declared void by law;


  Contract of marriage between two persons of the same sex. Contract of marriage between siblings, ascendants, descendants and the likes.  NOTE: These are void marriage contracts because they are expressly prohibited under the Family Code of the Philippines.
• NOTE: These void contracts cannot be ratified. They are void from the beginning and shall remain void forever.  Neither can the right to set up the defense of their illegality be waived.
• NOTE: The action or defense for the declaration of the inexistence of a contract does not prescribe.
• NOTE: A void contract produces no legal effect. It cannot be ratified and its defects cannot be cured by any subsequent act of the parties.