Text of the provision
Art. 1383. 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)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The action for rescission is subsidiary: it cannot be brought unless the injured party has no other legal means to obtain reparation. It is a remedy of last resort.
Related provisions
- Article 1382 — Rescissible Payments in Insolvency.
- Article 1384 — Rescission Limited to Damage.
Cases citing this article
- Khe Hong Cheng, et al. vs. Court of Appeals, et al, G.R. No. 144169, March 28, 2001 — read the decision on LawPhil →
- Congregation of the Religious of the Virgin Mary, etc. vs. Emilio Orola, et al, G.R. No. 169790, April 30, 2008 — read the decision on LawPhil →
- Anchor Savings Bank (formerly Anchor Finance and Investment Corporation) vs. Henry H. Furigay, et al, G.R. No. 191178, March 13, 2013 — read the decision on LawPhil →
- Dr. Restituto C. Buenviaje vs. Spouses Jovito R. and Lydia B. Salonga, et al, G.R. No. 216023, October 5, 2016 — read the decision on LawPhil →
- Y-1 Leisure Philippines, Inc., Yats International Ltd. and Y-1 Clubs and Resorts, Inc., vs. James Yu, G.R. No. 207161, September 8, 2015 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.