Practice question
A principal obligation is declared void. The creditor nevertheless seeks its accessory contractual penalty as if Article 1230 preserves it independently. What is the result under that article?
- The void principal becomes valid through the penalty
- The penalty always survives every void principal
- The penalty automatically doubles
- Only the debtor’s age matters
- Nullity of the principal carries nullity of the penal clause
Legal references
- Civil Code, Articles 1226-1230, 1701-1703, 2224-2235: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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