- Statute
- Civil Code
- Article
- Art. 428
- Topic
- Ownership in General
- Status
- In force
- Book
- BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
- Title
- TITLE II OWNERSHIP
- Chapter
- CHAPTER 1 Ownership in General
- Formerly
- Art. 348a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. The owner has also a right of action against the holder and possessor of the thing in order to recover it. (348a)
Intellegal Wiki · In plain terms
This provision defines ownership: the owner may enjoy and dispose of the thing — use it, take its fruits, and transfer it — subject only to limits set by law. It also gives the owner a right of action to recover the property from anyone who holds or possesses it (the basis of an accion reivindicatoria). Ownership therefore carries both the freedom to use and dispose, and the power to recover the thing from others.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Lourdes C. Fernandez v. Norma Villegas G.R. No. 200191
- Philippine National Bank v. Antonio Bacani G.R. No. 194983
- Milagros Tumulak Bishop v. Honorable Court of Appeals G.R. No. 86787
- Pedro Lukang v. Pagbilao Development Corporation G.R. No. 195374
- Francisco Salazar v. Reynaldo de Leon Represented By His Attorney-In-Fact G.R. No. 127965
- E. Rommel Realty v. Sta. Lucia Realty Development Corporation G.R. No. 127636
- Jesus Perez v. Ruth S. Falcatan G.R. No. 139536