Text of the provision
Art. 1604. The provisions of article 1602 shall also apply to a contract purporting to be an absolute sale.
(n)
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 equitable-mortgage rules (Article 1602) also apply to a contract purporting to be an absolute sale — so even a deed of absolute sale can be shown to be a mortgage.
Related provisions
- Article 1603 — Doubtful Sale Construed as Equitable Mortgage.
- Article 1605 — Reformation in Equitable-Mortgage Cases.
Cases citing this article
- Arturo A. Dacquel vs. Spouses Ernesto Sotelo and Flora Dacquel-Sotelo, represented by their Attorney-in-fact, G.R. No. 203946, August 4, 2021 — read the decision on LawPhil →
- Rosario Victoria and Elma Pidlaoan vs. Normita Jacob Pidlaoan, et al, G.R. No. 196470, April 20, 2016 — read the decision on LawPhil →
- Sps. Felipe Solitarios and Julia Torda vs. Sps. Gaston Jaque and Lilia Jaque, G.R. No. 199852, November 12, 2014 — read the decision on LawPhil →
- Alexander and Jean J. Bacungan vs. Court of Appeals, et al, G.R. No. 170282, December 18, 2008 — read the decision on LawPhil →
- Spouses Cesar R. Romulo and Nenita S. Romulo vs. Spouses Moises P. Layug, Jr., and Felisarin Layug, G.R. No. 151217, September 8, 2006 — 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.