- Statute
- Philippine Civil Code
- Article
- Art. 539
- Topic
- Effects of Possession
- Status
- In force
- Book
- BOOK II PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
- Title
- TITLE V POSSESSION
- Chapter
- CHAPTER 3 Effects of Possession
- Formerly
- Art. 446a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Every possessor has a right to be respected in his possession; and should he be disturbed therein he shall be protected in or restored to said possession by the means established by the laws and the Rules of Court. A possessor deprived of his possession through forcible entry may within ten days from the filing of the complaint present a motion to secure from the competent court, in the action for forcible entry, a writ of preliminary mandatory injunction to restore him in his possession. The court shall decide the motion within thirty (30) days from the filing thereof. (446a)
Intellegal Wiki · In plain terms
Every possessor — including one who is not the owner — is entitled to be respected in his possession and, if disturbed, to be protected in it or restored to it by the means established by law and the Rules of Court. The article then gives one specific remedy: in an action for forcible entry the plaintiff may, within ten days from the filing of the complaint, move for a writ of preliminary mandatory injunction restoring him to possession while the case is pending, and the court must decide that motion within thirty days. The action itself is governed by Rule 70, which must be brought within one year of the dispossession.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Castro v. Tolentino G.R. No. 190122
- Semirara Coal Corporation (Now Semirara Mining Corporation) v. HGL Development Corporation G.R. No. 166854