Text of the provision
Art. 435. No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation. Should this requirement be not first complied with, the courts shall protect and, in a proper case, restore the owner in his possession.
(349a)
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
No one may be deprived of property except by competent authority, for public use, and upon payment of just compensation. If those requisites are not first met, the courts must protect and, where proper, restore the owner to possession. This is the civil-law statement of the constitutional limits on eminent domain.
Questions about this provision
Related provisions
- Article 434 — Requisites to Recover Property.
- Article 439 — What Is Treasure.
Cases citing this article
- National Housing Authority vs. Perico V. Jao etc., et al, G.R. No. 156850, October 24, 2008 — 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.