Text of the provision
Art. 1437. When in a contract between third persons concerning immovable property, one of them is misled by a person with respect to the ownership or real right over the real estate, the latter is precluded from asserting his legal title or interest therein, provided all these requisites are present:
(1) There must be fraudulent representation or wrongful concealment of facts known to the party estopped;
(2) The party precluded must intend that the other should act upon the facts as misrepresented;
(3) The party misled must have been unaware of the true facts; and
(4) The party defrauded must have acted in accordance with the misrepresentation.
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
When, in a transaction over immovable property, one party is misled about ownership by another, the latter is estopped from asserting his title — requiring (1) fraudulent misrepresentation/concealment, (2) intent that the other act on it, (3) ignorance of the truth by the misled party, and (4) reliance on the misrepresentation.
Related provisions
- Article 1436 — Lessee/Bailee Estoppel.
- Article 1438 — Estoppel Regarding Pledged Personalty.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.