- Statute
- Civil Code
- Article
- Art. 1874
- Topic
- Nature, Form and Kinds of Agency
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE X AGENCY
- Chapter
- CHAPTER 1 Nature, Form and Kinds of Agency
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
When a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void. (n)
Intellegal Wiki · In plain terms
When land or any interest in land is sold through an agent, the agent's authority to sell must be in writing. If it is not, the sale is void—completely without legal effect—even if the deal is otherwise in order.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Reman Recio v. Heirs of the Spouses Aguedo, the Supreme Court held: The sale of immovable property through an agent requires a written special power of attorney (Articles 1874 and 1878); without the other co-owners' consent, the sale binds only the selling co-owner's aliquot share.
One leading Supreme Court case applying this provision.
Cases applying this article
- Alejandria Pineda v. Court of Appeals G.R. No. 127094
- Mactan-Cebu International Airport Authority v. Richard E. Unchuan G.R. No. 182537
- Florentina Bautista-Spille Represented By Her Attorney-In-Fact v. Nicorp Management G.R. No. 214057
- Reman Recio v. Heirs of the Spouses Aguedo G.R. No. 182349
- Rizalino v. Paraiso Development Corporation G.R. No. 157493
- Regina P. Dizon v. Court of Appeals G.R. No. 122544
- Af Realty & Development v. Dieselman Freight Services G.R. No. 111448
- Claudio Delos Reyes v. The Hon. Court of Appeals G.R. No. 129103
Other Supreme Court decisions also apply this article.