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This article was originally published on June 1, 2022 and has been updated to reflect recent legal developments.

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.

AT A GLANCE:

Article 427 of the Civil Code of the Philippines states that ownership may be exercised over things or rights.  In AFP Retirement and Separation benefits System v. Plastic King Industrial Corp., G.R. No. 231395, June 26, 2023, the Supreme Court held that an owner who cannot exercise the attributes of ownership is a crippled owner.

Man aspires to own property or acquire rights because ownership carries with it certain rights and powers, without which ownership would be rendered meaningless.

Article 427 of the Civil Code of the Philippines states that ownership may be exercised over things or rights. 

In AFP Retirement and Separation benefits System v. Plastic King Industrial Corp., G.R. No. 231395, June 26, 2023, the Supreme Court held that an owner who cannot exercise the attributes of ownership is a crippled owner. 

In the same case, citing Heirs of Cullado v. Gutierrez, the Supreme Court also enumerated the rights conferred to an owner, which are: 

1. Jus possidendi or the right to possess; 
2. Jus utendi or the right to use and enjoy; 
3. Jus fruendi or the right to the fruits; 
4. Jus accessionis or right to accessories; 
5. Jus abutendi or the right to consume the thing by its use; 
6. Jus disponendi or the right to dispose or alienate; and 
7. Jus vindicandi or the right to vindicate or recover.

Right to Enjoy and Dispose

Article 428 of the Civil Code provides that the owner has the right to enjoy and dispose of a thing, without other limitations than those established by law. The owner has also a right of action against the holder and possessor of the thing in order to recover it.

Right to Exclude Others

In Article 429 of the Civil Code, the owner or lawful possessor of a thing has the right to exclude any person from the enjoyment and disposal thereof. For this purpose, he may use such force as may be reasonably necessary to repel or prevent an actual or threatened unlawful physical invasion or usurpation of his property.

Right to Enclose or Fence

Additionally, under Article 430 of the Civil Code, every owner may enclose or fence his land or tenements by means of walls, ditches, live or dead hedges, or by any other means without detriment to servitudes constituted thereon.

Use of Property and Rights of Third Persons

Ownership, while broad, is subject to statutory limitations. Article 431 of the Civil Code provides that the owner of a thing cannot make use thereof in such manner as to injure the rights of a third person. 

Interference Due to Imminent Danger

Another limitation on ownership is found in Article 432 of the Civil Code, which provides that the owner of a thing has no right to prohibit the interference of another with the same, if the interference is necessary to avert an imminent danger and the threatened damage, compared to the damage arising to the owner from the interference, is much greater. The owner may demand from the person benefited indemnity for the damage to him. 

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• WHEN IS OWNERSHIP TRANSFERRED?

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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.

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