Text of the provision
Art. 446. All works, sowing, and planting are presumed made by the owner and at his expense, unless the contrary is proved.
(359)
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
All works, sowing, and planting on land are presumed made by the owner and at their expense unless the contrary is proved. The burden falls on anyone claiming that a builder or planter other than the owner did the work.
Questions about this provision
Related provisions
- Article 445 — Accession With Respect to Immovables.
- Article 447 — Landowner Building With Another's Materials.
Cases citing this article
- Estrella Mejia-Espinoza and Norma Mejia Dellosa vs. Nena A. Cariño, G.R. No. 193397, January 25, 2017 — read the decision on LawPhil →
- Citibank, N.A. (formerly First National City Bank) vs. Court of Appeals, et. al, G.R. No. 61508, March 17, 1999 — 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.