Text of the provision
Art. 1544. If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property. Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property. Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith.
(1473)
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
In a double sale, ownership goes: for movables, to the first possessor in good faith; for immovables, to the first to register in good faith, else the first good-faith possessor, else the oldest good-faith title. The cornerstone rule on conflicting sales of the same property.
Related provisions
- Article 1543 — Prescription of Area Actions.
- Article 1545 — Conditions and Warranties.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.