Text of the provision
Art. 433. Actual possession under claim of ownership raises disputable presumption of ownership. The true owner must resort to judicial process for the recovery of the property.
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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
Actual possession under a claim of ownership raises a disputable presumption of ownership. Because of it, the true owner cannot simply seize the property — they must resort to judicial process to recover it.
Questions about this provision
Related provisions
- Article 432 — State of Necessity.
- Article 434 — Requisites to Recover Property.
Cases citing this article
- Heirs of Jose Peñaflor vs. Heirs of Artemio and Lydia Dela Cruz, G.R. No. 197797, August 9, 2017 — read the decision on LawPhil →
- Angelina De Guzman, et al. vs. Gloria A. Chico, G.R. No. 195445, December 7, 2016 — read the decision on LawPhil →
- Spouses Carmelito and Antonia Aldover vs. The Court of Appeals, Susana Ahorro, et al, G.R. No. 167174, September 23, 2013 — read the decision on LawPhil →
- Bank of the Philippine Islands vs. Teofilo Icot, et al, G.R. No. 168061, October 12, 2009 — read the decision on LawPhil →
- Candelaria Q. Da Yot vs. Shell Chemical Co., Inc, G.R. No. 156542, June 26, 2007 — 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.