Text of the provision
Art. 718. He who by chance discovers hidden treasure in another's property shall have the right granted him in article 438 of this Code.
(614)
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
A person who by chance discovers hidden treasure in another's property has the right given to him by article 438 of this Code. The provision does not itself restate that share — it simply points to the earlier article.
The statute distinguishes two questions: whether a person who happens upon hidden treasure on another’s land acquires any right to it, and how much of it he may keep. This article answers only the first, by directing the finder to article 438 of the Code for the actual division of the find. The word “chance” is doing real work in the text — the right described here belongs to someone who stumbles upon the treasure unexpectedly, a qualification the article itself builds into the discovery it is describing.
Questions about this provision
Related provisions
- Article 716 — Bees And Domesticated Animals.
- Article 719 — Duty Of A Finder Of Lost Movables.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.