Text of the provision
Art. 1389. 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)
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 must be brought within four years. For wards and absentees, the period runs only from the end of incapacity or when the absentee's domicile is known.
Related provisions
- Article 1388 — Bad-Faith Acquirer's Liability.
- Article 1390 — Voidable Contracts.
Cases citing this article
- 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 →
- Heirs of Sofia Quirong, etc. vs. Development Bank of the Philippines, G.R. No. 173441, December 3, 2009 — read the decision on LawPhil →
- Khe Hong Cheng, et al. vs. Court of Appeals, et al, G.R. No. 144169, March 28, 2001 — read the decision on LawPhil →
- Vicelet Lelicon and Vicelen Lalicon vs. National Housing Authority, G.R. No. 185440, July 13, 2011 — read the decision on LawPhil →
- Spouses Enrique Llonillo and Marites Llonillo vs. People of the Phillippines, G.R. No. 246787, January 30, 2024 — 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.