What Is The Recto Law

What is the Recto Law?
A: People who purchase personal property, as opposed to real property, on installment are protected
by the Recto Law. Authored in 1933 by the “Great Academician,” Senator Claro M. Recto, the
statute was called Act No. 4122, otherwise known as the Installment Sales Law. Its main purpose is
to prevent potential abuses by the seller in the event that the buyer is unable to make further
installments for a property.
It was passed by the Philippine Legislature on December 9, 1933. The law amended a certain portion
of the Civil Code of 1889 (Código Civil) through the insertion of Section 1454-A.
The Civil Code of 1889 itself was repealed by Republic Act No. 386 which took effect in 1950. It
became known as the Civil Code of the Philippines. This expanded Section 1454-A into what are
now Articles 1484 to 1486 of the Civil Code. These are the provisions that currently contain the
precepts of the Recto Law.
Although primarily for buyers of personal property in installments, it was used in a

particular case involving a contract of lease even without a clear option to buy. The agreement was
not actually to lease the personal property but to acquire it upon the fulfillment of the purported
contract.
How is it different from the Maceda Law?

The main contrast between the two statutes lies in its application. Articles 1484 to 1486 of the Civil
Code govern sales on installment of personal property. On the other hand, the Maceda Law or
Republic Act No. 6552 applies to purchasers of real property on an installment basis. The latter is
also known as the Realty Installment Buyer Act and contemplates residential properties in particular.
The Maceda Law requires certain requisites before a purchaser of real property can benefit from its
provisions. Those who have paid less than two years’ worth of installments only have a sixty-day
grace period to satisfy an installment that has become due. Failure to pay allows the seller to send the
buyer a notice to rescind the contract, which may be cancelled after thirty days from its receipt. A
buyer who has paid more than two years’ worth of installments can have a grace period of one month
for every year paid, provided that this is exercised only once every five years. If cancelled, the
purchaser may recover 50% of the payments made with an additional 5% for every year after five
years.
The Recto Law, on the other hand, gives the latter three alternatives instead of cumulative choices to
terminate a contract:
 Demand payment
 Cancel the sale
 Foreclose the mortgage
Note that the buyer must be in default by two or more installments before any of the remedies may be
exercised.
To whom does the Recto Law apply?

It applies to both the buyer and the seller. In some cases, the parties can also be regarded as the lessor
and lessee. It can also govern certain transactions entered into by a mortgagor and mortgagee of
personal properties.
The buyer (or lessee or mortgagor) can select from the three alternatives as well, insofar as they are
applicable. This law will also govern leases with an option to purchase, such as in the
aforementioned case. However, the Recto Law does not cover straight sales wherein a down payment
is given and the remaining balance is agreed to be fulfilled through a single payment.
Even if the Recto Law was authored to prevent abuses by mortgagees (lenders), it is quite possible
that a mortgagor in default may increase his liability. This happens when the mortgagor fails to pay
two or more installments and refuses to return the personal property upon the seller’s demand.
Should there be an action for replevin to recover such property and the court rules in favor of the
seller, the buyer might have to pay costs and attorney’s fees as well.
The seller could likely be penalized in similar fashion should the Recto Law be violated. One remedy
would prevent the seller from exercising the others. For instance, if the buyer has already returned
the personal property to the seller, the seller can no longer try to collect the remaining installments.
This would be viewed as an unnecessary legal proceeding should the seller pursue more than one
remedy in court. It would cause the buyer to make additional needless expenses which will likely be
paid for by an erring seller.
Although a great deal of effort and research was put into the creation of this article, Lamudi
Philippines always advises home buyers and future property owners to consult with professionals,
such as licensed real estate brokers and attorneys, to ensure their real estate transactions are
properly and promptly processed.

What Is The Recto Law

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What Is The Recto Law

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Copyright:

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What is the Recto Law?

Although primarily for buyers of personal property in installments, it was used in a

How is it different from the Maceda Law?

To whom does the Recto Law apply?

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