Things Outside the Commerce of Men, Cannot Be the Object of a Valid Contract

Things Outside the Commerce of Men, Such as Public Office or Its Term, Cannot Be the Object of a Valid Contract

Not everything is up for grabs. In law—and in principle—there are things that simply cannot be bought, sold, or traded. One of these is public office.

You may recall the much-talked-about term-sharing deal in 2019 between then-House Speaker Alan Peter Cayetano and Representative Lord Allan Velasco. Brokered no less by then-President Rodrigo Duterte, the deal was supposed to split the three-year speakership between the two. While it looked like a “gentleman’s agreement,” what followed was a political standoff, public drama, and eventually, a tense transition of power.

Then more recently, there was buzz around Rep. Toby Tiangco allegedly eyeing the speakership amid internal rifts in Congress. 

These events show us a pattern: every time public office becomes a matter of “arrangement,” things tend to fall apart.

Why? Because under Philippine law, public office is not for sale. Article 1347 of the Civil Code says that only things within the commerce of men can be the object of a valid contract. Public office is clearly outside that realm—it is a trust, not a tradable asset. More than that, Article 1409 tells us that any contract over something outside this scope is void from the start.

These aren’t just legal theories. They reflect a fundamental truth: you cannot own what belongs to the people. A seat in Congress isn’t a business investment. A mayor’s term can’t be split like a lease. A presidency isn’t a prize to be passed around.

When leaders start treating public service as a political transaction, it weakens public trust and invites chaos. The law exists to remind us: some things are meant to serve the nation, not to serve private interests.

So whether it's a formal contract or a handshake deal, if it's over something like a public position or its term—it’s not just shady. It’s void.