Text of the provision
Art. 434. In an action to recover, the property must be identified, and the plaintiff must rely on the strength of his title and not on the weakness of the defendant's claim.
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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
In an action to recover property, the plaintiff must identify the property and must rely on the strength of their own title, not on the weakness of the defendant's claim. Failure to prove either defeats the action even against a weak possessor.
Questions about this provision
Related provisions
- Article 433 — Presumption of Ownership From Possession.
- Article 435 — Protection Against Deprivation (Expropriation).
Cases citing this article
- The City of Valenzuela, represented herein by its duly elected mayor, Hon. Rexlon T, G.R. No. 236900, April 28, 2021 — read the decision on LawPhil →
- Patricio G. Gemina, and all other persons claiming rights under him vs. Heirs of, G.R. No. 232682, September 13, 2021 — read the decision on LawPhil →
- Elsie N. Belmonte vs. Rolando Magas, Spouses Oscar Torio and Perla Magas-Torio and Spouses, G.R. No. 240482, May 5, 2021 — read the decision on LawPhil →
- Heirs of Cayetano Cascayan, represented by La Paz Martinez vs. Sps. Oliver and Evelyn Gumallaoi, and the Municipal Engineer of Bangui, Ilocos Norte, G.R. No. 211947, July 3, 2017 — read the decision on LawPhil →
- VSD Realty & Development Corporation vs. Uniwide Sale, Inc. and Dolores Baello Tejada, G.R. No. 170677, October 24, 2012 — 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.