Beruflich Dokumente
Kultur Dokumente
-Doctrine of "in pari delicto": "No action arises, in equity or -In the SC's opinion, there are 2 ways for the Philippine
at law, from an illegal contract; no suit can be maintained for Government resolve the problem. (Note that in either case, the
land will NOT go back to Rellosa.) Both are essentially the
its specific performance, or to recover the property agreed to
same concept (in that they transfer the property back to the
be sold or delivered, or the money agreed to be paid, or State) but are different in their methods of doing it.
damages for its violation. The rule has sometimes been laid Through escheat: In modern law, escheat denotes a
down as though it were equally universal, that where the falling of the estate into the general property of the
parties are in pari delicto, no affirmative relief of any kind will state because the tenant is an alien or because he has
be given to one against the other." died intestate without lawful heirs to take his estate
by succession, or because of some other disability to
Exception to this doctrine is that whenever public
take or hold property imposed by law."
policy is considered as advanced by allowing either
party to sue for relief against the transaction. Through an action for reversion: Will declare any
prohibited conveyance not only unlawful but null and
Exception to the exception: Only includes class of
void ab initio. It expressly provides that such
contracts which are intrinsically contrary to public
conveyances will produce "the effect of annulling and
plicy, contracts in which the illegality itself consists
cancelling the grant, title, patent, or permit, originally
in their oopposition to public policy, and any other
issued, recognized of confirmed, actually or
species of illegal contracts.
presumptively", and of causing "the reversion of the
property and its improvements to the State."
- IN THIS CASE: The contract does not come under the
exception to "in pari delicto" because it is NOT intrinsically
contrary to public policy, nor one where the illegality itself