Article 1600 to Article 1623

 1. Common. Those causes which are also the means of extinguishing all other
contracts like payment, loss of the thing, condonation, etc.(see Art.1231)
 2. Special. Those causes which are recognized by the law on sales (such as those
covered by Arts.1484, 1532, 1539, 1540, 1542, 1556, 1560,1567, and 1591)
 3. Extra-special. Those causes which are given special discussion by the Civil Code
and these are conventional redemption and legal redemption Conventional
Redemption (Arts. 1601-1618)
 Conventional redemption is the right which the vendor reserves to himself, to
reacquire the property sold provided he returns to the vendee the price of the sale,
the expenses of the contract, any other legitimate payments made there for and the
necessary and useful expenses made on the thing sold (Art. 1616.), and fulfills
other stipulations which may have been agreed upon.
 Both real and personal property may be the subject matter of pacto de retro sales
or sales with right to repurchase although there are certain articles (Arts. 1607,
1611, 1612, 1613, 1614, 1617, 1618.) which are applicable only to immovables.
 An equitable mortgage is one which lacks the proper formalities, form or words, or
other requisites prescribed by law for a mortgage, but shows the intention of the
parties to make the property subject of the contract as security for a debt and
contains nothing impossible or contrary to law.
 Pacto de Retro sale refers to the sale wherein the seller has the right to repurchase
the subject matter or the property being sold. The essence of a pacto de retro sale
is that the title and ownership of the property sold transfers immediately to the
vendee a retro.
 The sole right of the vendor under a pacto de retro agreement is that of
redemption. He has no other interest left in the property which he can transfer. (But
a sale subsequently made by the vendor to an innocent purchaser for value could
defeat the vendee’s title and right to possession if the latter’s right is not properly
registered or annotated.
Article 1609
Vendee subrogated to vendor’s rights.
 Subrogation transfers to the person subrogated the credit with all the rights thereto
appertaining.
Right to eject vendor.
 Prior possession by the vendee a retro of the property is not a condition precedent
in an unlawful detainer action against the vendor a retro who, after having failed to
redeem, and title in the vendee a retro had been consolidated, refused to vacate
the property.
Article 1610
 This article is a practical application of Article 1177 permitting creditors to
exercise the rights and actions of their debtor after exhausting his properties to
satisfy their claims.

 The right to redeem being property, it is answerable for the debts of the vendor
provided the vendor’s properties are first exhausted.
Article 1611 - 1612
 A co-owner may demand the partition of the thing owned in common insofar as his
share is concerned.

 In either case, the vendee who acquires the whole of an undivided immovable a
part of which is subject to a right to repurchase, has a right to demand that the
vendor a retro, who likes to exercise his right of redemption, redeem the whole
property
Article 1613
 (1)The co-owners of an undivided immovable sold by them jointly or collectively and in
the same contract with the right to repurchase, can exercise such right only as regards
their respective shares. (Art. 1612, par. 1.)
 (2) Similarly, the co-heirs of the vendor of an undivided immovable can exercise the
right of redemption only for the respective portions they have inherited.
 (3) The vendee a retro can refuse partial redemption; he may require all the vendors or
all the heirs to redeem the entire property or to agree to its redemption by any one of
them. (Art. 1613.) This right is given to the vendee in line with the object of the law to
put an end to co-ownerships whenever possible.
 (4) Under Article 1620 (infra.), the right of a co-owner who chooses not to redeem
accrues to the benefit of the others. The extent of the share of the redeeming co-owner
is not taken into account except as provided in the second paragraph thereof.
Article 1614
 Although it is the policy of the law to avoid indivision, it would be unjust, if the sale
was made separately and independently, to require the co-owners to come to an
agreement with regards to the repurchase of the thing sold, and certainly, it would
be worse to deprive them of their right in case they fail to agree.
 Under Article 1612, a co-owner cannot redeem more than his share in the co-
ownership.

 Article 1613 does not provide for a mode of terminating a co-ownership nor does
the fact that the redeeming co-owner has succeeded in securing title over a parcel
of land in his name terminate the existing co-ownership.’
Article 1615
 The vendor a retro can exercise the right to redeem against the heirs of the vendee
a retro with respect only to their respective shares, whether the thing be undivided
or it has been partitioned among them.
 Article 1616
 (1) The price. — The law speaks of “price of the sale” and not the value of the thing.
It is lawful, however, for the parties to agree that the price to be returned will be
more or less than the original sum paid by the vendee
 (2) Expenses of contract and other legitimate expenses. — If the expenses for the
execution and registration of the sale were paid by the vendee, the same shall be
reimbursed by the vendor. But they need not be paid at the very time of the
exercise of the right since they are unknown amounts. They may be paid later. The
same is true of necessary and useful expenses
 Bona Fide. [Latin, In good faith.] Honest; genuine; actual; authentic; acting without
the intention of defrauding. A bona fide purchaser is one who purchases property
for a valuable consideration that is inducement for entering into a contract and
without suspicion of being defrauded or deceived by the seller.
 Article 1617
Article 1618
 The vendee a retro may alienate, encumber, or perform other acts of ownership
over the thing sold. But his ownership being revocable upon redemption, all acts
done by him are also revocable.
 Presented By:
Mary Joy Magpantay
Frederick S. Valdevieso