Philippine Civil Code Art. 446: Right of Accession

Statute: Philippine Civil Code
Article: Art. 446
Topic: Right of Accession
Status: In force
Book: BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Title: TITLE II OWNERSHIP
Chapter: CHAPTER 2 Right of Accession GENERAL PROVISIONS
Formerly: Art. 359 of the old Civil Code
Year: 1949
Cited by: A Supreme Court decision

The provision

All works, sowing, and planting are presumed made by the owner and at his expense, unless the contrary is proved. (359)

Intellegal Wiki · In plain terms

Anything built, sown, or planted on a piece of land is legally presumed to have been done by the landowner and paid for out of the owner's own funds. Anyone claiming that someone else did the work or bore the expense must prove it, since the presumption favors the owner.

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

Cases applying this article

Francisco Gutierrez Repide v. Martin Astuar G.R. No. 505

Related provisions in this Chapter

Civil Code, Art. 445 Right of Accession GENERAL PROVISIONS
Civil Code, Art. 447 Right of Accession GENERAL PROVISIONS
Civil Code, Art. 448 Right of Accession GENERAL PROVISIONS
Civil Code, Art. 449 Right of Accession GENERAL PROVISIONS
Civil Code, Art. 450 Right of Accession GENERAL PROVISIONS
Civil Code, Art. 442 Right of Accession GENERAL PROVISIONS

Civil Code, Art. 446 is found in CHAPTER 2 Right of Accession GENERAL PROVISIONS 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 Provisions may have been amended or repealed.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.