Text of the provision
Art. 447. The owner of the land who makes thereon, personally or through another, plantings, constructions or works with the materials of another, shall pay their value; and, if he acted in bad faith, he shall also be obliged to the reparation of damages. The owner of the materials shall have the right to remove them only in case he can do so without injury to the work constructed, or without the plantings, constructions or works being destroyed. However, if the landowner acted in bad faith, the owner of the materials may remove them in any event, with a right to be indemnified for damages.
(360a)
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
A landowner who builds, plants, or sows using another's materials must pay their value; if in bad faith, also damages. The materials' owner may remove them only if that causes no injury to the work — but if the landowner was in bad faith, the owner may remove them regardless, with a right to damages.
Questions about this provision
Related provisions
- Article 446 — Presumption of Owner's Work.
- Article 448 — Builder, Planter, Sower in Good Faith.
Cases citing this article
- Heirs of Delfin and Maria Tappa vs. Heirs of Jose Bacud, et al, G.R. No. 187633, April 14, 2016 — read the decision on LawPhil →
- Homeowners Association of Talayan Village, Inc. vs J.M. Tuason & Co., Inc., et al./J.M. Tuason & Co., Inc. and Talayan Holdings, Inc. vs Homeowners Association of Talayan Village, Inc. and Quezon City Mayor, G.R. No. 203883 / G.R. No. 203930, November 10, 2015 — 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.