Text of the provision
Art. 1676. The purchaser of a piece of land which is under a lease that is not recorded in the Registry of Property may terminate the lease, save when there is a stipulation to the contrary in the contract of sale, or when the purchaser knows of the existence of the lease. If the buyer makes use of this right, the lessee may demand that he be allowed to gather the fruits of the harvest which corresponds to the current agricultural year and that the vendor indemnify him for damages suffered. If the sale is fictitious, for the purpose of extinguishing the lease, the supposed vendee cannot make use of the right granted in the first paragraph of this article. The sale is presumed to be fictitious if at the time the supposed vendee demands the termination of the lease, the sale is not recorded in the Registry of Property.
(1571a)
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 of leased land may terminate an unrecorded lease — unless the sale stipulates otherwise or the buyer knew of the lease. The lessee may then gather the current year's harvest and claim damages from the seller. A fictitious sale (to defeat the lease) gives the pretended buyer no such right.
Related provisions
- Article 1675 — Lessee's Right to the Statutory Periods.
- Article 1677 — Buyer in a Pacto de Retro Sale.
Cases citing this article
- Midway Maritime and Technological Foundation, represented by its Chairman/President PhD in Education, Dr. Sabino M. Manglicmot vs. Marissa E. Castro, et al, G.R. No. 189061, August 6, 2014 — read the decision on LawPhil →
- Felipe Uy vs. The Land Bank of the Philippines, G.R. No. 136100, July 24, 2000 — read the decision on LawPhil →
- Cebu Bionic Builders Supply, Inc. and Lydia Sia vs. Development Bank of the Philippines, et al, G.R. No. 154366, November 17, 2010 — read the decision on LawPhil →
- Hubert Nuñez vs. SLTEAS Phoenix Solutions, Inc, G.R. No. 180542, April 12, 2010 — read the decision on LawPhil →
- Rudy Lao vs. Jaime Lao, G.R. No. 149599, May 16, 2005 — 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.