● Estoppel by representation.

● Promissory estoppel (also known as equitable forbearance)

● Proprietary estoppel.
● Estoppel by convention.
● Estoppel by deed.
● Contractual estoppel.
● Waiver by estoppel.

Article 1431. Through estoppel an admission or representation is

rendered conclusive upon the person making it, and cannot be
denied or disproved as against the person relying thereon.

Estoppel is a legal principle that forbids someone from declaring or rejecting

anything that goes against what the law has established as true, whether by
explicit or implicit judicial or representational acts.

Art. 1432. The principles of estoppel are hereby adopted insofar as

they are not in conflict with the provisions of this Code, the Code of
Commerce, the Rules of Court and special laws.

Effect of the General Principles of Estoppel- The principles of Estoppel

are only suppletory.

Pleading of Alleged Estoppel If facts are alleged as constituting estoppel,

they must be expressly pleaded.

Art. 1433. Estoppel may be in pais or by deed.

Kinds of Estoppel:

1. Estoppel by deed: as technical estoppel is the kind of estoppel that is in

writing and signed by someone who is now barred from denying the material
facts stated in writing. It applies only to the parties and their privies hence
cannot be availed of by third person. It may be utilized only in a suit on the
deed itself or concerning any right arising from it.

2. Estoppel in pais: as equitabble estoppel arises from conduct or

misrepresentation and includes all forms of estoppel not arising from a
record,

deed, written instrument. It is found on morality and has for its purpose to
serve justice.

Article 1434. When a person who is not the owner of a thing sells or
alienates and delivers it, and later the seller or grantor acquires title
thereto, such title passes by operation of law to the buyer or
grantee.

When a person sells or alienates a property or thing not yet in his possession
of ownership but later on acquires ownership or title over that same
property, its title or ownership passes effectively to the transferee or
vendee.

Article 1435. If a person in representation of another sells or

alienates a thing, the former cannot subsequently set up his own
title as against the buyer or grantee.

Article 1435 NCC | speaks of…

Estoppel against agents who sells for another

· If the representative has a power of attorney from the owner to sell,

· and the third person, relying and believing such right to
represent, purchases the property from the representative,
· the representative CANNOT claim that the sale he participated in
is void because he is the real owner of the thing sold.
· The representative’s acceptance of the power of attorney estops him
from denying that he is merely the representative of the owner.
· If a person assets ownership of a thing,
· such a person should NOT in any way accept representative
status insofar as the thing he claims as he is concerned.

Article 1436. A lessee or a bailee is estopped from asserting title to

the thing leased or received, as against the lessor or bailor.

Estoppel against tenant or bailee.

· A tenant will not be heard to dispute his landlord’s title. (see Lizada
vs. Omanan, 59 Phil. 547 [1934].) This estoppel applies even
though the lessor had no title at the time the relation of lessor and
lessee was created, and may be asserted not only by the original
lessor, but also by those who succeed to his title. (Geminiano vs.
Court of Appeals, 259 SCRA 344 [1996].) Under the Rules of Court,
conclusive presumptions include: “(b) The tenant is not permitted
to deny the title of his landlord at the time of the commencement of
the relation of landlord and tenant between them.” (Sec. 3-b, Rule
 131, Rules of Court.) (2) Similarly, a bailee in commodatum (see
Art. 1933.), depositum (see Art. 1962.), or pledge (see Art. 2093.)
is estopped to assert title to the thing received as against the
bailor.

Art. 1437. When in a contract between third persons concerning

immovable property, one of them is misled by a person with respect
to the ownership or real right over the real estate, the latter is
precluded from asserting his legal title or interest therein, provided
all these requisites are present:

(1) There must be fraudulent representation or wrongful concealment of

facts known to the party estopped;
(2) The party precluded must intend that the other should act upon the facts
as misrepresented;
(3) The party misled must have been unaware of the true facts; and
(4) The party defrauded must have acted in accordance with the
misrepresentation.

Here are the requisites specified in Article 1437:

1.Fraudulent Representation or Wrongful Concealment

- There must be a deliberate and deceitful act by one party, involving the
misrepresentation or hiding of facts related to the ownership or real rights of
the immovable property.
2. Intent to Deceive
- The party committing the fraud must have the intention that the other
party relies on the misrepresented facts. In other words, there should be a
deliberate attempt to induce the misled party to act based on false
information.
3. Unawareness of True Facts
- The party being misled must be unaware of the actual facts regarding the
ownership or real rights of the property. They must have no knowledge of
the deception taking place.
4.Action in Accordance with Misrepresentation
- The party who is defrauded must have taken action or made decisions
based on the misrepresented facts. Their actions should be a direct result of
the deception.

Art. 1438. One who has allowed another to assume apparent

ownership of personal property for the purpose of making any
transfer of it, cannot, if he received the sum for which a pledge has
been constituted, set up his own title to defeat the pledge of the
property, made by the other to a pledgee who received the same in
good faith and for value.

Article 1438 of the Civil Code of the Philippines addresses the concept of
apparent ownership of personal property and its implications in situations
involving pledges. It establishes a principle that if a person allows another to
appear as the owner of personal property and that other person creates a
pledge on the property, the original owner cannot later use their true title to
defeat the pledge if the pledgee acted in good faith and provided value.

1. Allowing Another to Assume Apparent Ownership

- The original owner (Person A) allows someone else (Person B) to appear

as the owner of personal property. This could be through actions,
statements, or any means that create the impression of ownership.

2. Purpose of Making a Transfer

- The apparent ownership is allowed for the purpose of facilitating the

transfer of the personal property. This transfer may involve a pledge, which
is a type of security interest where the property serves as collateral for a
debt.

3. Defeating the Pledge

- The article prevents the original owner (Person A) from using their true
title to defeat the pledge on the property. In other words, if Person B, who
assumed apparent ownership, creates a pledge on the property, Person A
cannot later claim ownership to invalidate the pledge.

4. Conditions for Protection of Pledgee

- For this protection to apply, the pledgee (the person who receives the
property as collateral) must have received the property in good faith and
provided value. Good faith implies an honest and genuine belief in the
legality and fairness of one's actions.

Art. 1439. Estoppel is effective only as between the parties thereto

or their successors in interest. addresses the legal principle of estoppel
and specifies its scope of effectiveness. The article states that estoppel is
effective only between the parties involved or their successors in interest.
Let's break down the key elements of this article:

1. Estoppel
 - Estoppel is a legal principle that prevents a person from asserting a claim
or right that is contrary to their previous actions, conduct, or statements,
especially if those actions or statements led another person to rely on them.

2. Effective Only Between Parties or Successors in Interest

- The effectiveness of estoppel is limited to the parties involved in a

particular legal matter or those who succeed them in interest. In legal terms,
"successors in interest" typically refer to individuals or entities who inherit or
otherwise acquire the rights and obligations of the original parties.

- Person A owns a piece of land and allows Person B to believe that they
have the authority to sell the land.

- Based on this belief, Person B enters into a contract to purchase the land
from Person A.

- Later, Person A decides they do not want to sell the land and attempts to
back out of the deal.

- Article 1439 comes into play in this situation. If Person B or someone who
succeeds Person B's interest (like a subsequent buyer) relies on Person A's
initial representation and enters into a transaction, Person A may be
estopped from denying their authority to sell the land.

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