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.
Related provisions
- Article 431 — Owner May Not Injure Others (Sic Utere Tuo).
- Article 433 — Presumption of Ownership From Possession.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.