Text of the provision
Art. 1491. 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)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full. The three sources consulted do not read identically here; the text above is the reading carried by two of the three, including the Official Gazette.
What this article means
Lists the relationships in which buying is forbidden even at a public or judicial auction, and whether the purchase is made personally or through someone else: the guardian (ward's property), the agent (property entrusted to him, unless the principal consents), executors and administrators (the estate), public officers and employees (public property in their charge, including judges and government experts taking part in the sale), and justices, judges, prosecutors, clerks and other court personnel (property in litigation in their territory) — a prohibition that expressly extends to lawyers as to property in litigation they handle by virtue of their profession, and covers acquisition by assignment as well as purchase.
Related provisions
- Article 1479 — Mutual Promises to Buy and Sell, and Option Money.
- Article 1523 — Delivery to the Carrier Is Delivery to the Buyer.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.