Text of the provision
Art. 1590. Should the vendee be disturbed in the possession or ownership of the thing acquired, or should he have reasonable grounds to fear such disturbance, by a vindicatory action or a foreclosure of mortgage, he may suspend the payment of the price until the vendor has caused the disturbance or danger to cease, unless the latter gives security for the return of the price in a proper case, or it has been stipulated that, notwithstanding any such contingency, the vendee shall be bound to make the payment. A mere act of trespass shall not authorize the suspension of the payment of the price.
(1502a)
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
A buyer disturbed in possession/ownership (or with reasonable grounds to fear it) by a vindicatory action or foreclosure may suspend payment until the danger ceases — unless the seller gives security or it was stipulated that payment proceeds regardless. A mere trespass does not justify suspension.
Questions about this provision
Related provisions
- Article 1589 — When the Vendee Owes Interest.
- Article 1591 — Seller's Rescission for Fear of Loss.
Cases citing this article
- Central Bank of the Philippines vs. Spouses Alfonso and Anacleta Bichara, G.R. No. 131074, March 27, 2000 — read the decision on LawPhil →
- Arra Realty Corp., et al. vs. Guarantee Development Corp. and Insurance Agency, et al, G.R. No. 142310, September 20, 2004 — read the decision on LawPhil →
- Corinthian Realty, Inc. vs. Hon. Court of Appeals and Emilio Martin (now deceased), Matilde Martin, Teofilo Guinto (now deceased), Delfin Guinto, Prudencio Guinto and Margarita Guinto, G.R. No. 150240, December 26, 2002 — 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.