Philippine Bar review · Question

Practice question: Autonomy

Multiple Choice Hard

Practice question

A divisible agreement contains independent lawful services and a separate illegal service. The illegal term can be separated without altering the lawful undertakings. One party argues autonomy validates all of it; the other says any illegal term necessarily destroys every separable lawful part. Which statement applies Article 1420?
  1. Agreement makes the illegal service valid
  2. The separable legal terms may be enforced while the illegal terms remain invalid
  3. Every legal part must necessarily fail
  4. The illegal service becomes valid after repetition
  5. The court must award the illegal service's full fee

Legal references

  • Civil Code Articles 1306–1307, 1315, 1409 and 1420: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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