Text of the provision
Art. 428. The owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. The owner has also a right of action against the holder and possessor of the thing in order to recover it.
(348a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The owner has the right to enjoy and dispose of a thing subject only to limits set by law, and a right of action to recover it from any holder or possessor. These are the classic attributes of ownership — the jus utendi, fruendi, abutendi, disponendi, and vindicandi.
Questions about this provision
Related provisions
- Article 427 — Ownership of Things or Rights.
- Article 429 — Doctrine of Self-Help.
Cases citing this article
- Phil. National Bank vs. Court of Appeals, et al, G.R. No. 105760, July 7, 1997 — read the decision on LawPhil →
- Authority Of The Freeport Area Of Bataan vs. F.F. Cruz & Co., Inc, G.R. No. 240047, May 14, 2021 — read the decision on LawPhil →
- Republic of the Philippines vs. Heirs of Ma. Teresita A. Bernabe and Cooperative Rural, G.R. No. 237663, October 6, 2020 — read the decision on LawPhil →
- Hacienda Luisita, Inc. vs. Presidential Agrarian Reform Council, et al, G.R. No. 171101, April 24, 2012 — read the decision on LawPhil →
- Herminio Tayag vs. Amancia Lacson, et al, G.R. No. 134971, March 25, 2004 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.