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Sale of Property

  1. As a rule, all persons, natural or juridical, who are authorized by the Constitution to own lands (Art. XIV) And by the New Civil Code to obligate (Art. 1469), may buy or sell real estate.
  2. Only Filipino citizens or corporation at least sixty (60%) per centum of the capital of which is owned by Filipino citizens can acquire land in the Philippines.
  3. A Filipina married to a foreigner retains her Philippine citizenship and, thus, also retains the right to acquire land in the Philippines.
  4. A Filipino citizen, who acquires citizenship of another country, can retain ownership of land acquired by him prior to his change of citizenship.
  5. The husband and the wife cannot sell property to each other, except (Art. 1390, NCC):
    A. When a separation of property has been agreed upon in their marriage settlement or,
    B. when there has been a juridical separation of the property under Art. 134 of the Family Code.
  6. Persons who cannot acquire by purchase because of fiduciary relationship


The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another:
  1. 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 in trusted 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 in trusted 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.
  6. ANY OTHERS disqualified by law. (Art. 1491, NCC)