- Statute
- Civil Code
- Article
- Art. 429
- 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
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
The owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property. (n)
Intellegal Wiki · In plain terms
An owner or lawful possessor may exclude others and use reasonably necessary force to repel or prevent an actual or threatened unlawful invasion of the property. This is the Civil Code's limited doctrine of self-help. The force must be reasonable and aimed at an actual or imminent intrusion — not to recover property already lost.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In United Coconut Planters Bank v. Ruben E. Basco, the Supreme Court held: A bank may exclude persons from its premises and impose reasonable security limitations under Article 429, but a memorandum barring a stockholder-depositor from all premises under all circumstances is overly broad and violates his rights.
One leading Supreme Court case applying this provision.
Cases applying this article
- Reynaldo Villafuerte v. Hon. Court of Appeals G.R. No. 134239
- United Coconut Planters Bank v. Ruben E. Basco G.R. No. 142668
- Metropolitan Waterworks v. Act Theater G.R. No. 147076
- German Management & Services v. Hon. Court of Appeals G.R. No. 76216
- General Milling Corporation v. Norberto Constantino G.R. No. 195919
- North Greenhills Association v. Atty. Narciso Morales G.R. No. 222821
- Diamond Farms v. Diamond Farm Workers Multi-Purpose Cooperative G.R. No. 192999