The Civil Code has specific rules for two situations. Hidden treasure — a deposit of money, jewelry, or other precious objects, hidden and unknown, whose lawful ownership does not appear — generally belongs to the owner of the land, building, or property on which it is found. But if the treasure is found by chance (not by deliberate searching) on another's property by a stranger who is not a trespasser, one-half goes to the finder and one-half to the landowner. If the finder is a trespasser, they get nothing. Where the treasure is of interest to science or the arts, the State may acquire it at a just price. Lost property is different: a person who finds a lost movable that is not treasure must return it to its owner; if the owner is unknown, the finder must deposit it with the mayor of the city or municipality where it was found, who will publicize the finding, and if unclaimed after the period, the thing (or its value) is awarded to the finder.
Two classic questions: if you find buried treasure, do you keep it? And if you find someone's lost wallet, is it yours? The law answers both.
What Counts as Hidden Treasure
Hidden treasure is a deposit of money, jewelry, or other precious objects, that is hidden and unknown, and whose lawful ownership does not appear. If someone can prove they own it, it is not “treasure” in this sense — it simply goes back to the owner.
Who Gets Hidden Treasure
- As a rule, hidden treasure belongs to the owner of the land (or building/property) where it is found;
- But if the treasure is found by chance (not by deliberate searching) on another's property by a stranger who is not a trespasser, then one-half goes to the finder and one-half to the landowner; and
- If the finder is a trespasser, they get nothing.
Treasure of Scientific or Artistic Interest
Where the hidden treasure is of interest to science or the arts, the State may acquire it at its just price, which is then divided according to the same rules — balancing private rights with the public interest in heritage.
Lost Property Is Different
A lost movable (that is not treasure) still has a known or ascertainable owner, so the rule is return, not keep:
- The finder must return it to its owner; and
- If the owner is unknown, the finder must deposit it with the mayor of the city or municipality where it was found.
What Happens to Unclaimed Lost Property
The mayor publicizes the finding. If the property remains unclaimed after the period the law provides, the thing (or its value) is awarded to the finder — a reward for honesty. The finder may also be entitled to a reward from the owner in proper cases, and to reimbursement of expenses.
Practical Takeaways
- Hidden treasure generally goes to the landowner, but a chance finder who is not a trespasser shares half;
- A trespasser who finds treasure gets nothing, and treasure of scientific/artistic value can be acquired by the State;
- Lost property must be returned — or deposited with the mayor if the owner is unknown, and awarded to the finder only if unclaimed after the period.
Frequently Asked Questions
Who owns hidden treasure that is found? As a rule, the owner of the land or property where it is found. But if a stranger who is not a trespasser finds it by chance on another's property, one-half goes to the finder and one-half to the landowner.
What if a trespasser finds treasure? A trespasser who finds hidden treasure gets nothing. The sharing rule only benefits a finder who is not a trespasser and who finds it by chance.
Do I have to return lost property I found? Yes. A person who finds a lost movable that is not treasure must return it to its owner. If the owner is unknown, the finder must deposit it with the mayor of the place where it was found.
What happens to unclaimed lost property? The mayor publicizes the finding, and if the property remains unclaimed after the period the law provides, the thing or its value is awarded to the finder as a reward for honesty.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.