- Statute
- Philippine 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)
Intellegal Wiki · In plain terms
This article forbids self-help against a possessor who objects. However good the claimant's right may be, possession cannot be taken by force or intimidation; if the holder refuses to deliver the thing, the claimant must invoke the aid of the competent court. It is the possession-side counterpart of Article 433, which likewise tells the true owner to resort to judicial process. Where possession has already been taken by force, intimidation, threat, strategy or stealth, Rule 70 of the Rules of Court allows the dispossessed party to sue for restitution in the proper Municipal Trial Court within one year of the dispossession.
An editorially maintained plain-language explanation of this provision — not legal advice.
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