- Statute
- Civil Code
- Article
- Art. 1491
- Topic
- Capacity to Buy or Sell
- 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
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)
Cases applying this article
- Spouses Delfin O. Tumibay v. Spouses Melvin A. Lopez G.R. No. 171692
- Rustico Mcgurk Baldoz v. Marlene D. Pecson G.R. No. 240232
- Heirs of Manuel Uy Ek Liong v. Mauricia Meer Castillo G.R. No. 176425