Text of the provision
Art. 536. In no case may possession be acquired through force or intimidation as long as there is a possessor who objects thereto. He who believes that he has an action or a right to deprive another of the holding of a thing, must invoke the aid of the competent court, if the holder should refuse to deliver the thing.
(441a)
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
Possession can never be acquired through force or intimidation while a possessor objects. One who believes they have a right to a thing must invoke the aid of the courts if the holder refuses to deliver it — the law forbids taking the law into one's own hands.
Related provisions
- Article 535 — Possession by Minors and Incapacitated Persons.
- Article 537 — Acts That Do Not Affect Possession.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.