Article 1393

Ratification may be effected expressly or tacitly.  It is understood that there is a tacit ratification if, with knowledge of the reason which renders the contract voidable and such reason having ceased, the person who has a right to invoke it should execute an act which necessarily implies an intention to waive his right.

Ang ratification ay mabibigyang bisa nang hayagan or hindi.  Malinaw na may di-hayagang ratipikasyon kapag ang tao na may karapatang mag-apila ay magpapatupad ng aksyong nagpapahiwatig ng kanyang pagtalikdan sa kanyang karapatan, kahit na alam nya ang kadahilanan para mapawalang bisa ang kontrata ay natigil na.

Discussion:

Ratification is an act or means by which efficacy is given to a contract which suffers from a vice of curable nullity. It is an act of curing the defect of lack or excess of authority of the party who entered into the contract through another without the latter’s authorization.  It covers voidable contracts, and specifically refers to unenforceable contracts.

Requisites of Ratification

1. The contract is a voidabe one.
2. The confirmation is made by the injured contracting party.
3. The confirming party has full knowledge of the vice or defect of the contract.
4. The cause of voidability should have already ceased or disappeared at the time of the ratification.  Otherwise, if the cause of voidability is still present (subsisting intimidation), the act of confirmation would also suffer from the very vice or defect it is attempting to cure.

Effects of Ratification

1. The contract is purged or cleansed of its defects from its constitution or establishment, and the validation is retroactive to the day of its creation.
2. Any action for its annulment is extinguished.

Case Illustration:  Francisco vs. Herrera (392 SCRA 317)

Article 1394

Ratification may be effected by the guardian of the incapacitated person.

Ang ratipikasyon ay maaring maisagawa ng guardian ng taong nawalan ng kapasidad.

Discussion:

Incapacitated persons includes unemancipated minors and insane or demented persons, and deaf-mutes who do not know how to write.

If incapacitated enters into a contract, the contract is voidable if the other party is capacitated. If both are incapacitated, the contract becomes void.

The guardians however may ratify the defective contract in their behalf. If the incapacitated person becomes capacitated, they themselves may ratify their defective contracts.

Case Illustration: Escoto vs Arcilla, 89 Phil. 199 (1951)

Article 1395

Ratification does not require the conformity of the contracting party who has no right to bring the action for annulment.

Ang pagpapatibay ay hindi kaylangang humingi ng pagsangayon ng nagkasundong partido na walang karapatan na magdala ng aksyon sa pag sasawalang bisa.

*The one who caused the vice of consent personally or through a third person is not allowed to file a case of annulment

*The innocent party has the prerogative to annul or not to annul a voidable contract.

Note: There is no case indicated on this article.         

Illustration:

Enrico is the owner of the famous hardware in Laguna. He rented the warehouse of Rafael to become one of his bodega. Cesar buy the materials that he needed for the construction of his own house to Enrico, since the other materials is on the warehouse of Rafael and Enrico already rented it therefore the consent of Rafael is not needed for the delivery of the materials that Cesar needed.