Arthur purchased a condominium unit in Tagblarani City from the Mayex Relampagos Condominium for a price of P10 Million, payable P3 Million down and the balance with interest thereon at 14% per annum payable in 60 equal monthly installments of P201,000.00. They executed a Deed of Conditional Sale in which it is stipulated that should the vendee fail to pay three (3) successive installments, the sale shall be deemed automatically rescinded without the necessary judicial action and all payments made by the vendee shall be forfeited in favor of the vendor by way of rent for the use and occupancy of the unit and as liquidated damages. For 50 months, Arthur paid the monthly installments religiously, but on the 51st and 52nd months, she failed to pay. On the 53rd month, he tried to pay the installments due, but the vendor refused to receive the payments tendered by him. The following month, the vendor sent him a notice that it was rescinding the Deed of Conditional Sale pursuant to the stipulation for automatic rescission and demanded that she vacate the premises. He replied that the contract cannot be rescinded without judicial demand or notarial act pursuant to Article 1592 of the NCC. Can the Vendor rescind the contract?

REFERENCE: CIVIL CODE OF THE PHILIPPINES