Why “Finders Keepers” Doesn’t Apply to Land Ownership
By Atty. Eugenio L. Riego II, LLB, MPA, REB
A Tale of Unexpected Homeownership
One day, while strolling around Laguna, Pedro came across a beautiful, peaceful, and—most importantly—vacant piece of land. No fences. No signs. Just open space and opportunity.
And in true survivor fashion, Pedro thought: Finders keepers!
So, he cleared some grass, built a modest house with light materials, and planted a few kamote vines for good measure.
Fast Forward Two Years Later…
Juan, the actual registered owner of the land, finally returned after years abroad and several postponed vacations. To his shock, he found Pedro living on his property—watering kamote and even raising a rooster named Fry Chicken.
When Juan demanded that Pedro leave, Pedro looked him straight in the eye and declared:
“I don’t need to leave. I’m protected by law.”
The Burning Question: Can Pedro Stay?
Pedro’s confidence is admirable, but does he really have a legal claim? Can he become the rightful owner just because he settled on the land?
The Legal Answer
No. Pedro has no legal right to stay, and his claim of being “protected by law” is either a serious misunderstanding—or a very bold bluff.
Legally speaking, Pedro is a squatter (or, to put it more politely, an informal settler). While Philippine law provides humanitarian protections for urban poor dwellers and informal settlers, these do not override property rights—especially when a valid land title exists.
What the Law Says
Under Article 428 of the Civil Code:
“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.”
Additionally, under the Urban Development and Housing Act of 1992 (RA 7279), informal settlers may be entitled to humane and lawful eviction procedures, but they do not gain ownership rights simply by occupying the land.
So no—Pedro cannot legally claim the land just because he moved in and named the rooster.
What Does the Supreme Court Say?
In one case, the Court ruled in favor of the registered landowners, stating:
“The right of the holder of a Torrens title to eject unauthorized occupants is imprescriptible.”
(Supapo, et al. v. De Jesus, et al., 2015)
This means that a legal land title is always superior to possession when that possession is unauthorized.
So, no matter how long Pedro has been there—even if he added a vegetable garden and a goat named Gary—he cannot claim the land.
Advice for Juan, the Legal Owner
Seeing someone illegally living on your land might send your blood pressure soaring faster than the price of onions—but don’t go full action-star mode and try to evict Pedro with a bolo and a bad attitude.
Instead, let the law work for you:
- File the proper case—whether it’s ejectment, accion publiciana, or accion reivindicatoria, depending on the circumstances.
- Go to court and follow the legal process to recover your land.
Advice for Pedro
We get it—land is expensive, and your kamote looks great. But if it’s not yours, don’t plant on it, don’t build on it, and don’t raise poultry on it.
Instead, do the legal thing:
✔ Buy land.
✔ Inherit land.
✔ Apply for ownership if it’s public land.
And next time you see a vacant lot, just admire it—maybe take a selfie. That’s legal.
Stay lawful, folks!
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