Art. 5 Arts executive against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity
Discussion and explanation:
Mandatory or prohibitory laws
It should be noted that art.5 refers to mandatory or prohibit laws, as distinguished from those which are merely permissive. While one has to obey mandatory statutes, otherwise his acts would generally be void; the violation of directory laws does not result in invalid acts.
Kinds of mandatory legislative:
(a) positive – when something must be done
(b) negative or prohibitory- when something should not be done
Example: Generally, in order to be valid, a simple donation inter vivos of a parcel of land must be in a public instrument. If orally made, or if effectuated in a private instrument, the donation is null and void.
EXCEPTIONS
Although in general violations of mandatory or prohibitory laws result in void acts or contracts, in some instances, the law authorizes their validity. Among these exceptional instances are the following:
(a) When the law makes the act not void but merely voidable at the instance of the victim.
(b) When the law makes the act valid, but subjects the wrongdoer to criminal responsibility.
(c) When the law makes the act itself void, but recognizes some legal effects flowing therefrom.
(d) When the law itself makes certain acts valid although generally they would have been void.
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