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.
Questions about this provision
- Can a guardian buy the property of the person under his guardianship?
- Can a guardian or agent evade the purchase ban by buying through another person as a dummy?
- Can a judge buy property involved in a case pending before his court?
- Can a lawyer buy the property that is the subject of the case he is handling?
- Can a person barred from buying certain property get around the ban by buying it at a public or judicial auction?
- Can a public officer buy government property whose administration is entrusted to him?
- Can an agent or broker buy the property he was entrusted to sell?
- Can an executor or administrator buy property belonging to the estate he administers?
- Can my agent buy the property I hired him to sell if I give my consent?
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.