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.
Questions about this provision
Related provisions
- Article 535 — Possession by Minors and Incapacitated Persons.
- Article 537 — Acts That Do Not Affect Possession.
Cases citing this article
- Reynaldo Villafuerte, et al. vs. Hon. Court of Appeals, et al, G.R. No. 134239, May 26, 2005 — read the decision on LawPhil →
- Perlita Mabalo vs. Heirs of Roman Babuyo, represented by Virgilio L. Babuyo, G.R. No. 238468, July 6, 2022 — read the decision on LawPhil →
- Spouses Adolfo T. Fernandez, Sr. and Lourdes Fernandez vs. Spouses Martines Co and Erlinda S. Co, G.R. No. 167390, July 26, 2010 — read the decision on LawPhil →
- Cesar A. Altarejos, et al. vs. Hon. Herbert Bautista, G.R. No. 247009, February 26, 2024 — read the decision on LawPhil →
- City Engineer of Baguio, et al. vs. Rolando Baniqued, G.R. No. 150270, November 26, 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.