Text of the provision
Art. 105. Restitution-How made. -The restitution of the thing itself must be made whenever possible, with allowance for any deterioration or diminution of value as determined by the court. The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person who may be liable to him. This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery.
Revised Penal Code of the Philippines, Act No. 3815, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
Whenever possible the very thing taken must be returned, with an allowance fixed by the court for any deterioration or loss of value. It must be given back even if a third person acquired it lawfully — that buyer keeps his own claim against whoever is answerable to him — unless the law itself bars an action to recover the thing from him.
Questions about this provision
- Someone bought my stolen item in good faith — can I still get it back from him?
- The stolen item was returned to me damaged — can I claim anything on top of getting it back?
Related provisions
- Article 104 — What Civil Liability Includes.
- Article 106 — How Reparation Is Made.
On this text. This article is reproduced as the Revised Penal Code enacted it, verified word-for-word against two independent sources. Republic Act No. 10951 (2017) revised the penalty amounts in many other articles of this Code; where an amount appears below it is the figure this article itself carries.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.