Text of the provision
Art. 1874. When a sale of a piece of land or any interest therein is through an agent, the authority of the latter shall be in writing; otherwise, the sale shall be void.
(n)
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 a sale of land or an interest therein is through an agent, the agent's authority must be in writing; otherwise the sale is void. A strictly-applied, frequently-litigated rule.
Questions about this provision
Related provisions
- Article 1873 — Notice of Agency to Third Persons.
- Article 1875 — Agency Presumed for Compensation.
Cases citing this article
- Reman Recio vs. Heirs of Spouses Aguego and Maria Altamirano, namely Alejandro, et al., all surnamed Altamirano, et al, G.R. No. 182349, July 24, 2013 — read the decision on LawPhil →
- Mactan-Cebu International Airport Authority vs. Richard E. Unchuan, G.R. No. 182537, June 1, 2016 — read the decision on LawPhil →
- Sps. Joselina Alcantara and Antonio Alcantara, et al. vs. Brigida L. Nido, as attorney-in-fact of Revelen Srivastava, G.R. No. 165133, April 19, 2010 — read the decision on LawPhil →
- Purita A. Pahud, et al. vs. Court of Appeals, et al, G.R. No. 160346, August 25, 2009 — read the decision on LawPhil →
- Eduardo V. Litonjua, Jr., et al. vs. Eternit Corp., et al, G.R. No. 144805, June 8, 2006 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.