Text of the provision
Art. 539. Every possessor has a right to be respected in his possession; and should he be disturbed therein he shall be protected in or restored to said possession by the means established by the laws and the Rules of Court. A possessor deprived of his possession through forcible entry may within ten days from the filing of the complaint present a motion to secure from the competent court, in the action for forcible entry, a writ of preliminary mandatory injunction to restore him in his possession. The court shall decide the motion within thirty (30) days from the filing thereof.
(446a)
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
Every possessor has a right to be respected in their possession, and if disturbed, to be protected or restored through the Rules of Court. A possessor ousted by forcible entry may seek a writ of preliminary mandatory injunction within ten days to be restored, which the court decides within thirty days.
Related provisions
- Article 538 — Preference of Possessors.
- Article 540 — Possession in the Concept of Owner as Title.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.