Civil Code Art. 1387: Rescissible Contracts

Statute: Civil Code
Article: Art. 1387
Topic: Rescissible Contracts
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE II CONTRACTS
Chapter: CHAPTER 6 Rescissible Contracts
Formerly: Art. 1297a of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

All contracts by virtue of which the debtor alienates property by gratuitous title are presumed to have been entered into in fraud of creditors, when the donor did not reserve sufficient property to pay all debts contracted before the donation. Alienations by onerous title are also presumed fraudulent when made by persons against whom some judgment has been rendered in any instance or some writ of attachment has been issued. The decision or attachment need not refer to the property alienated, and need not have been obtained by the party seeking the rescission. In addition to these presumptions, the design to defraud creditors may be proved in any other manner recognized by the law of evidence. (1297a)

Cases applying this article

Agustin Ga. Gavieres v. The Administrators of the Estate of Luis Pena G.R. No. 4992
Quintillana Samson v. Manuel Carratala G.R. No. 27143
Khoo Boo Boon v. Belle Corporation G.R. No. 204778
Mary Rose A. Kung v. Lilian Tan G.R. No. 243245
Gemma C. Pancho v. Christian Children'S Fund-San Pedro-A G.R. No. 214583
Samuel U. Lee v. Bangkok Bank Public Company G.R. No. 173349
Jang Lim v. The Court of Appeals G.R. No. 149748

Related provisions in this Chapter

Civil Code, Art. 1386 Rescissible Contracts
Civil Code, Art. 1385 Rescissible Contracts
Civil Code, Art. 1389 Rescissible Contracts
Civil Code, Art. 1384 Rescissible Contracts
Civil Code, Art. 1383 Rescissible Contracts
Civil Code, Art. 1382 Rescissible Contracts
Civil Code, Art. 1381 Rescissible Contracts
Civil Code, Art. 1380 Rescissible Contracts

Civil Code, Art. 1387 is found in CHAPTER 6 Rescissible Contracts of TITLE II CONTRACTS of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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