Text of the provision
Art. 438. Hidden treasure belongs to the owner of the land, building, or other property on which it is found. Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. If the finder is a trespasser, he shall not be entitled to any share of the treasure. If the things found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated.
(351a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full. The LawPhil and ChanRobles renderings differ here by a single word; the text above is the reading carried by two of the three sources, confirmed against the Official Gazette.
What this article means
Hidden treasure belongs to the owner of the land or building where it is found. If a stranger finds it by chance on someone else's property, half goes to the finder — but a trespasser gets nothing. Where the find is of interest to science or the arts, the State may buy it at a just price.
Questions about this provision
Related provisions
- Article 21 — Acts Contrary to Morals or Good Customs.
- Article 493 — What a Co-owner May Do With Their Share.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.