Practice question
A contract has an object expressly prohibited by an applicable mandatory law. The law provides no validating exception, and the facts establish that the illegality makes the contract void under Article 1409. The sanggunian later declares it ratified without changing the law or object. Which is correct?
- The ratification cannot cure the stipulated void unlawful object.
- Every sanggunian resolution repeals mandatory laws.
- Private consent automatically supplies public power.
- Renaming the contract makes the original object lawful.
- Article 1409 applies only when no government is involved.
Legal references
- Civil Code, Articles 5, 7 and 1409: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- Republic Act No. 7160, Sections 22, 305 and 344: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html
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