- Statute
- Civil Code
- Article
- Art. 1601
- Topic
- Extinguishment of Sale
- Status
- In force, as amended
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE VI SALES
- Chapter
- CHAPTER 7 Extinguishment of Sale
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Conventional redemption shall take place when the vendor reserves the right to repurchase the thing sold, with the obligation to comply with the provisions of article 1616 and other stipulations which may have been agreed upon. (1507) ARTICLE 1602. The contract shall be presumed to be an equitable mortgage, in any of the following cases: (1) When the price of a sale with right to repurchase is unusually inadequate; (2) When the vendor remains in possession as lessee or otherwise; (3) When upon or after the expiration of the right to repurchase another instrument extending the period of redemption or granting a new period is executed; (4) When the purchaser retains for himself a part of the purchase price; (5) When the vendor binds himself to pay the taxes on the thing sold; (6) In any other case where it may be fairly inferred that the real intention of the parties is that the transaction shall secure the payment of a debt or the performance of any other obligation. In any of the foregoing cases, any money, fruits, or other benefit to be received by the vendee as rent or otherwise shall be considered as interest which shall be subject to the usury laws. (n)
Intellegal Wiki · In plain terms
Conventional redemption exists when the seller reserves the right to buy the thing back, subject to repaying the price and other agreed terms. A sale with right to repurchase is instead presumed to be an equitable mortgage (really a loan secured by the property) in listed situations, such as an unusually low price, the seller staying in possession, or extensions of the redemption period.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Solid Homes v. Hon. Court of Appeals, the Supreme Court held: A corporation, being an artificial person without feelings, generally cannot recover moral damages; the redemption price includes the amounts agreed under the contract (Articles 1601 and 1616).
One leading Supreme Court case applying this provision.
Cases applying this article
- Solid Homes v. Hon. Court of Appeals G.R. No. 117501
- Raymundo M. Dapiton v. Court of Appeals G.R. No. 107259
- Spouses Cipriano Vasquez v. Honorable Court of Appeals G.R. No. 83759
- Yu Con v. Glicerio Ipil G.R. No. 10195
- Percelino Diamante v. Hon. Court of Appeals G.R. No. 51824