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.
Related provisions
- Article 427 — Ownership of Things or Rights.
- Article 429 — Doctrine of Self-Help.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.
Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.