Article 1420

In case of a divisible contract, if the illegal terms can be separated from the legal ones, the latter may be enforced.

Sa mga kaso na maaaring hatiin ang kontrata, kung ang illegal na mga bahagi nito ay maaaring ihiwalay sa mga legal na bahagi, ito ay ipatutupad.

This article applies if there are several stipulations in a contract and is not applicable by if it is in the nature of the contract, the terms thereof are indivisible.

Effect of illegality where contract is indivisible or divisible:

1.    When the consideration is entire and single, the contract is indivisible so that if the part of such consideration is illegal, the whole contract is void and unenforceable.

2.    Where the contract is divisible or severable, that is, the consideration is made up of several parts, and the illegal ones can be separated from the legal portions, the latter may be enforced. This rule, however, is subject to the contrary intention of the parties.