Definition in English: Rescission can refer to distinct remedies in Philippine civil law. Rescission under Articles 1380 to 1389 is a subsidiary remedy for rescissible contracts that cause legally recognized damage. Article 1191 concerns resolution of reciprocal obligations because of substantial breach, although decisions and practitioners have also called it rescission.
Paliwanag sa Filipino: Pagpapawalang-bisa o pagbawi ng kontrata — Terminong maaaring tumukoy sa magkakaibang remedyo, kabilang ang rescission ng rescissible contract at resolution dahil sa substantial breach.
Legal basis
Civil Code Articles 1191 and 1380 to 1389. The rule must be read together with applicable amendments and controlling Supreme Court decisions.
What this term means
- Rescission for lesion or fraud of creditors is not identical to resolution for substantial breach.
- Resolution under Article 1191 generally requires a substantial and fundamental breach, not a slight violation.
- Restitution may follow, but the precise remedy and requirements depend on the legal basis invoked.
Example
If a buyer substantially fails to perform a reciprocal obligation, the seller may consider resolution under Article 1191. That is analytically different from rescinding a contract because it prejudiced creditors.
Related civil law terms
Contract Of Sale · Default Or Delay · Novation
What to read next
When a contract may be cancelled for breach · Rescission vs resolution · Void, voidable and unenforceable contracts · Browse contracts content · Return to the Civil Law Glossary
Important note
This glossary entry is an educational explanation of Philippine civil law. The English definition states the primary legal concept. The Filipino explanation is provided to make the concept easier to understand and is not an official translation of the Civil Code, Rules of Court or Supreme Court decisions. Consult the controlling legal text and qualified counsel for a specific dispute.
Jurisdiction: Philippines
Last reviewed: September 2026