Civil Code Art. 433: Ownership in General

Statute: Civil Code
Article: Art. 433
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

Actual possession under claim of ownership raises disputable presumption of ownership. The true owner must resort to judicial process for the recovery of the property. (n)

Intellegal Wiki · In plain terms

Actual possession under a claim of ownership creates a disputable presumption of ownership. The true owner cannot simply take the property back — they must go to court to recover it. The presumption protects the possessor until ownership is judicially determined.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Castro v. Tolentino G.R. No. 190122
Bartolome Tablante v. Jose Aquino G.R. No. 8675
Aldover v. Court of Appeals G.R. No. 167174
Royal Savings Bank v. Fernando Asia G.R. No. 183658
Emmanuel C. Villanueva v. Cherdan Lending Investors Corporation G.R. No. 177881
Bank of the Philippine Islands v. Teofilo P. Icot G.R. No. 168061
Candelaria Q. Dayot v. Shell Chemical Company G.R. No. 156542
Gerardo Mendoza v. Soledad Salinas G.R. No. 152827

Related provisions in this Chapter

Civil Code, Art. 434 Ownership in General
Civil Code, Art. 431 Ownership in General
Civil Code, Art. 430 Ownership in General
Civil Code, Art. 429 Ownership in General
Civil Code, Art. 428 Ownership in General

Related research

In-depth Intellegal research that analyzes this provision.

Property & Ownership in the Philippines

Civil Code, Art. 433 is found in CHAPTER 1 Ownership in General of TITLE II OWNERSHIP of BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.