Text of the provision
Art. 1606. The right referred to in article 1601, in the absence of an express agreement, shall last four years from the date of the contract. Should there be an agreement, the period cannot exceed ten years. However, the vendor may still exercise the right to repurchase within thirty days from the time final judgment was rendered in a civil action on the basis that the contract was a true sale with right to repurchase.
(1508a)
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
Absent an agreed period, the right to repurchase lasts four years from the contract; if agreed, it cannot exceed ten years. A vendor may also repurchase within 30 days of a final judgment holding the contract a true pacto de retro sale (not an equitable mortgage).
Related provisions
- Article 1605 — Reformation in Equitable-Mortgage Cases.
- Article 1607 — Consolidation of Ownership Needs a Court Order.
Cases citing this article
- Philadelphia Agan vs. Heirs of Sps. Andres Nueva, et al, G.R. No. 155018, December 11, 2003 — read the decision on LawPhil →
- Froilan Dala vs. Edith A. Auticio, G.R. No. 205672, June 22, 2022 — read the decision on LawPhil →
- Heirs of Antero Soliva vs. Severino, Joel, Grace, Cenon, Jr., Renato, Eduardo, Hilario all surnamed Soliva, et al, G.R. No. 159611, April 22, 2015 — read the decision on LawPhil →
- Ronaldo P. Abilla and Geralda A. Dizon vs. Carlos Ang Gobonseng, Jr. and Theresita Mimie Ong, G.R. No. 146651, August 6, 2002 — read the decision on LawPhil →
- Victoria Claravall, assisted by her husband, Loreto Claravall vs. Richard Lim, et al, G.R. No. 152695, July 25, 2011 — 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.