Civil Code Art. 536: Acquisition of Possession

Statute: Civil Code
Article: Art. 536
Topic: Acquisition of Possession
Status: In force
Book: BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Title: TITLE V POSSESSION
Chapter: CHAPTER 2 Acquisition of Possession
Formerly: Art. 441a of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. He who believes that he has an action or a right to deprive another of the holding of a thing, must invoke the aid of the competent court, if the holder should refuse to deliver the thing. (441a)

Cases applying this article

Reynaldo Villafuerte v. Hon. Court of Appeals G.R. No. 134239
German Management & Services v. Hon. Court of Appeals G.R. No. 76216
City Engineer of Baguio v. Rolando Baniqued G.R. No. 150270

Related provisions in this Chapter

Civil Code, Art. 535 Acquisition of Possession
Civil Code, Art. 537 Acquisition of Possession
Civil Code, Art. 538 Acquisition of Possession
Civil Code, Art. 532 Acquisition of Possession
Civil Code, Art. 531 Acquisition of Possession

Civil Code, Art. 536 is found in CHAPTER 2 Acquisition of Possession of TITLE V POSSESSION of BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS of the Civil Code of the Philippines (Republic Act No. 386).

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