Statute
Civil Code
Article
Art. 1491
Topic
Capacity to Buy or Sell
Status
In force
Book
BOOK IV Obligations and Contracts
Title
TITLE VI SALES
Chapter
CHAPTER 2 Capacity to Buy or Sell
Formerly
Art. 1459a of the old Civil Code
Year
1949
Cited by
Multiple Supreme Court decisions

The provision

The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another: (1) The guardian, the property of the person or persons who may be under his guardianship; (2) Agents, the property whose administration or sale may have been intrusted to them, unless the consent of the principal has been given; (3) Executors and administrators, the property of the estate under administration; (4) Public officers and employees, the property of the State or of any subdivision thereof, or of any government-owned or controlled corporation, or institution, the administration of which has been intrusted to them; this provision shall apply to judges and government experts who, in any manner whatsoever, take part in the sale; (5) Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and employees connected with the administration of justice, the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers, with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession; (6) Any others specially disqualified by law. (1459a)

Intellegal Wiki · In plain terms

Certain people are barred from buying specific property, even at a public or judicial auction and even through a go-between, because of conflicts of interest tied to their role: guardians (their ward's property), agents (property entrusted to them, absent the principal's consent), executors and administrators (estate property), public officers (government property they administer, extending to judges and government experts involved in the sale), and justices, judges, prosecutors, court personnel, and lawyers (property or rights in litigation before them or in cases they handle). Others may also be disqualified by law.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Other Supreme Court decisions also apply this article.

Related provisions in this Chapter

Civil Code, Art. 1491 is found in CHAPTER 2 Capacity to Buy or Sell of TITLE VI SALES of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.