Text of the provision
Art. 1592. In the sale of immovable property, even though it may have been stipulated that upon failure to pay the price at the time agreed upon the rescission of the contract shall of right take place, the vendee may pay, even after the expiration of the period, as long as no demand for rescission of the contract has been made upon him either judicially or by a notarial act. After the demand, the court may not grant him a new term.
(1504a)
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
In a sale of immovable property, even with a clause that non-payment automatically rescinds, the buyer may still pay after the deadline as long as no demand for rescission has been made judicially or by notarial act. After such demand, the court cannot grant a new term. A key protection for realty buyers.
Related provisions
- Article 1591 — Seller's Rescission for Fear of Loss.
- Article 1593 — Sale of Movables: Automatic Rescission.
Cases citing this article
- Abelardo Valarao, et al. vs. Court of Appeals, et al, G.R. No. 130347, March 3, 1999 — read the decision on LawPhil →
- Karen Nuñez Vito, et al. vs. Norma Moises-Palma, G.R. No. 224466, March 27, 2019 — read the decision on LawPhil →
- Games and Garments Developers, Inc. vs. Allied Banking Corporation, G.R. No. 181426, July 13, 2015 — read the decision on LawPhil →
- Juan P. Cabrera vs. Henry Ysaac, G.R. No. 166790, November 19, 2014 — read the decision on LawPhil →
- Nicolas P. Diego vs. Rodolfo P. Diego and Eduardo P. Diego, G.R. No. 179965, February 20, 2013 — 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.