Text of the provision
Art. 455. If the materials, plants or seeds belong to a third person who has not acted in bad faith, the owner of the land shall answer subsidiarily for their value and only in the event that the one who made use of them has no property with which to pay. This provision shall not apply if the owner makes use of the right granted by article 450. If the owner of the materials, plants or seeds has been paid by the builder, planter or sower, the latter may demand from the landowner the value of the materials and labor.
(365a)
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
If the materials, plants, or seeds belong to a third person not in bad faith, the landowner is subsidiarily liable for their value only if the builder cannot pay. If the builder already paid the materials' owner, the builder may recover their value and labor from the landowner.
Questions about this provision
Related provisions
- Article 454 — Landowner in Bad Faith, Builder in Good Faith.
- Article 456 — Good Faith and Negligence.
Cases citing this article
- Capitolina Vivero Napere vs. Amando Barbarona, et al, G.R. No. 160426, January 31, 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.