Text of the provision
Art. 432. The owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. The owner may demand from the person benefited indemnity for the damage to him.
(n)
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
An owner cannot prohibit another's interference with their property when it is necessary to avert an imminent danger and the threatened damage is much greater than the harm from the interference. The owner may, however, demand indemnity from the person benefited.
Questions about this provision
Related provisions
- Article 431 — Owner May Not Injure Others (Sic Utere Tuo).
- Article 433 — Presumption of Ownership From Possession.
Cases citing this article
- Rep. Edcel C. Lagman, et al. vs. Executive Secretary Salvador C. Medialdea, et al./Eufemia C. Cullamat, et al. vs. President Rodrigo Duterte, et al./Norkaya S. Mohamad, et al. vs. Executive Secretary Salvador C. Medialdea, et al, G.R. No. 231658 / G.R. No. 231771 / G.R. No. 231774, July 4, 2017 — 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.