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Ratio Decidendi
Contracts that are inexistent and void from the beginning include those which are
absolutely simulated or fictitious. These contracts cannot be ratified. Neither can the right
to set up the defense of illegality be waived (Article 1409, New Civil Code). In addition,
the action or defense for the declaration of the inexistence of a contract does not prescribe
(Art. 1410, same code).
The characteristic of simulation is the fact that the apparent contract is not really
desired nor intended to produce legal effects, nor in any way alter the juridical situation
of the parties. Thus, where a person, in order to place his property beyond the reach of his
creditors, simulates a transfer of it to another, he does not really intend to divest himself
of his title and control of the property; hence, the deed of transfer is but a sham
(Rodriguez vs. Rodriguez, No. L-23002, July 31, 1967, 20 SCRA 908).
The most fundamental characteristics of void or inexistent contracts are as a
general rule, 1) they produce no legal effects whatsoever (quod nullum est nullum
producit effectum); 2) they are not susceptible of ratification; 3) the right to set up the
defense of inexistence or absolute nullity cannot be waived or renounced; 4) the action or
defense for the declaration of their inexistence or absolute nullity is imprescriptible; 5)
the inexistence or absolute nullity of a contract cannot be invoked by a person whose
interests are not directly affected (p. 444, Comments and Jurisprudence on Obligations
and Contracts, Jurado, 1969 Ed.).