Text of the provision
Art. 1358. The following must appear in a public document:
(1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein are governed by articles 1403, No. 2, and 1405;
(2) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains;
(3) The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person;
(4) The cession of actions or rights proceeding from an act appearing in a public document. All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even a private one. But sales of goods, chattels or things in action are governed by articles, 1403, No. 2 and 1405.
(1280a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full. The LawPhil and ChanRobles renderings differ here by a single word; the text above is the reading carried by two of the three sources, confirmed against the Official Gazette.
What this article means
Lists the acts that must appear in a public document — among them dealings that create, transfer, change or extinguish real rights over immovable property, the renunciation of hereditary rights or of rights in the conjugal partnership, and powers to administer property. The requirement is about the form an act must take to be properly evidenced and registered.
Questions about this provision
Related provisions
- Article 992 — The Barrier Between Legitimate and Illegitimate Relatives.
- Article 1403 — Unenforceable Contracts and the Statute of Frauds.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.