Are prohibited acts void?


Article 5 of the New Civil Code. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity.

"Article 31 speaks of a civil action based on an obligation not arising from the act x x x complained of as a felony. This clearly means that the obligation must arise from an act not constituting a crime. In the instant case, the act purporting to create the obligation is assailed as a crime in itself. That act, which is prohibited by law, is the entering into dredging contracts that are manifestly and grossly disadvantageous to the government.

A contract executed against the provisions of prohibitory laws is void. If the dredging contracts are declared illegal, then no valid obligation can arise from such contracts. Consequently, no civil action based on such contracts can proceed independently of the criminal action." (G.R. No. 116463)