This case has been cited 1 times or more.
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2000-03-27 |
YNARES-SANTIAGO, J. |
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| At any rate, even if we were to entertain petitioners' objections, the same will still be held as without merit. To be sure, paragraphs 8 and 9 are separate provisions of the subject contract and the invalidity of one does not automatically render the other invalid. Indeed, Article 1420 of the New Civil Code holds that "(I)n case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced." Contrary to the suppositions of petitioners, the invalid stipulation is independent from the rest of the terms of the agreement and can easily be separated therefrom without doing violence to the manifest intention of the parties. This being so, the legal terms of the contract, including paragraph 9, can be enforced.[1] | |||||