Article 1416. When the agreement is not illegal per se but is merely prohibited, and the prohibition by the law is designed for the protection of the plaintiff, he may, if public policy is thereby enhanced, recover what he has paid or delivered.
By: Kristia Capio
Artikulo 1416. Kung ang nagpagsang-ayunan ay hindi labag sa batas pero ito ay pinagbabawal, at ang pagbabawal ay ayon sa batas ay ginawa para proteksyon ang nagdemanda, sya ay, kung pambubliko na polisiya ay maaaring magdagdag, maibalik sa kanya kung ano ang binayaran nya or dinala.
Article 1416 is another exception to the rule that where both parties are in pari delicto, they will be left where they are without relief.
Recovery is permitted provided:
(1) The agreement is not illegal per se but is merely prohibited;
(2) The prohibition is designed for the protection of the plaintiff; and
(3) Public policy would be enhanced by allowing the plaintiff to recover what he has paid or delivered.
EXAMPLE
Black Widow donated to Hawkeye everything that she (Black Widow) possessed and owned, leaving nothing for herself. This is prohibited but not illegal per se. Since public policy is hereby enhanced, Black Widow will be allowed to recover, at least that necessary for her own support and the support of her relatives.
OBLIGATIONS AND CONTRACTS 