CALILAP-ASMERON

G.R. No. 157330

November 23, 2011
 DOCTRINAL DIGEST
A creditor, like Development Bank of the Philippines, in a
deed of conditional sale, could exercise its right to rescind
the contract due to the failure of the debtor to pay the six
monthly amortizations, and after being given due notice
of the notarial rescission. Article 1191 of the Civil Code
did not prohibit the parties from entering into an
agreement whereby a violation of the terms of the
contract would result to its cancellation. Judicial
intervention is only necessary to determine whether or
not the rescission was proper. Where such propriety is
sustained, the decision of the court will be merely
declaratory of the revocation, but it is not itself the
revocatory act.