Text of the provision
Art. 46. Juridical persons may acquire and possess property of all kinds, as well as incur obligations and bring civil or criminal actions, in conformity with the laws and regulations of their organization.
(38a)
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
Because a juridical person has a personality of its own, it may own and possess property, incur obligations, and sue (and be sued) — civilly and, as a complainant, in criminal actions — all within the limits of the laws and rules governing its organization. Its powers are those conferred by its charter or governing law and those reasonably necessary to carry them out.
Questions about this provision
Related provisions
- Article 44 — separate personality from members.
- Article 45 — the laws that govern them.
Cases citing this article
- Samuel M. Alvarado vs. Ayala Hillside Estates Homeowners' Association, Inc, G.R. No. 208426, September 20, 2017 — read the decision on LawPhil →
- Eliseo N. Hao vs. Emerlinda S. Galang, G.R. No. 247472, October 6, 2021 — read the decision on LawPhil →
- Aniceto G. Saludo, Jr. vs. Philippine National Bank, G.R. No. 193138, August 20, 2018 — 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.