ex dolo malo non oritur actio

Latin maxim.

• “The law will not aid either party to an illegal agreement; it leaves the parties where it finds them.” (Bough v. Cantiveros, En Banc, G.R. No. 13300, September 29, 1919)

• “A party to an illegal contract cannot come into a court of law and ask to have his illegal objects carried out. The law will not aid either party to an illegal agreement; it leaves the parties where it finds them.” (Cabautan v. Uy Hoo, En Banc, G.R. No. L-2207, January 23, 1951) • “No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff’s own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So if the plaintiff and the defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for where both are equally in fault potior est conditio defendentis.”(Nicolas v. Acabal, G.R. No. 148376, March 31, 2005)
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