Civil Code Art. 1389: Rescissible Contracts

Statute: Civil Code
Article: Art. 1389
Topic: Rescissible Contracts
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE II CONTRACTS
Chapter: CHAPTER 6 Rescissible Contracts
Formerly: Art. 1299 of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

The action to claim rescission must be commenced within four years. For persons under guardianship and for absentees, the period of four years shall not begin until the termination of the former's incapacity, or until the domicile of the latter is known. (1299)

Cases applying this article

Vicelet Lalicon v. National Housing Authority G.R. No. 185440
Heirs of Sofia Quirong v. Development Bank of the Philippines G.R. No. 173441
Unlad Resources Development Corporation v. Renato P. Dragon G.R. No. 149338
Romeo D. Mariano v. Petron Corporation G.R. No. 169438
Khe Hong Cheng v. Court of Appeals G.R. No. 144169

Related provisions in this Chapter

Civil Code, Art. 1387 Rescissible Contracts
Civil Code, Art. 1386 Rescissible Contracts
Civil Code, Art. 1385 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

Related research

In-depth Intellegal research that analyzes this provision.

Obligations & Contracts in the Philippines

Civil Code, Art. 1389 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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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.