What Is Ownership?

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Alburo Law
May 27, 2026

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.

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.

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