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Applicable laws that cover this rule are Articles 1411 to 1416 of the Civil Code.
Pari Delicto means in equal fault; in a similar offense or crime; equal in guilt or
in legal fault.
This rule is expressed in the maxims dolo malo non eritur action and in
pari delicto portior est conditio defendentis. When both parties are in pari
delicto, their contract is deemed extinguished.
The concept of in pari delicto is not found in the Revised Penal Code but
only in Article 1411 of the Civil Code. Thus, it is a valid defense to a
prosecution for adultery and concubinage.
(c) The party repudiating the void contract before the illegal purpose is
accomplished or before damage is caused to a third person and if public interest
is subserved by allowing recovery;
(e) The party for whose protection the prohibition by law is intended if the
agreement is not illegal per se but merely prohibited and if public policy would
be enhanced by permitting recovery; and
(f) The party for whose benefit the law has been intended such as in price ceiling
laws and labor laws.