- Statute
- Civil Code
- Article
- Art. 1383
- Topic
- Rescissible Contracts
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE II CONTRACTS
- Chapter
- CHAPTER 6 Rescissible Contracts
- Formerly
- Art. 1294 of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The action for rescission is subsidiary; it cannot be instituted except when the party suffering damage has no other legal means to obtain reparation for the same. (1294)
Intellegal Wiki · In plain terms
Makes the action for rescission a remedy of last resort: it can be brought only when the injured party has no other legal means to obtain reparation for the damage. If another remedy is available, rescission is not allowed.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Margarita Suria v. Hon. Intermediate Appellate Court, the Supreme Court held: Reversed the CA, holding that once a sale is consummated and a mortgage is executed to secure the installments the relationship becomes mortgagor-mortgagee, so Article 1191 does not apply; under Article 1383 rescission is a subsidiary remedy unavailable where foreclosure — provided by both law and contract — exists.
One leading Supreme Court case applying this provision.
Cases applying this article
- Congregation of the Religious of the Virgin Mary And/Or the Superior General of the Religious of the Virgin Mary v. Emilio Q. Orola G.R. No. 169790
- Margarita Suria v. Hon. Intermediate Appellate Court G.R. No. 73893
- Adelfa S. Rivera v. Fidela del Rosario (Deceased G.R. No. 144934
- Khe Hong Cheng v. Court of Appeals G.R. No. 144169
- Ildefonsa Vargas v. Agatona Egamino G.R. No. 2994