1. Occupation

A. Occupation (Civil Code, arts. 713-720)

Occupation (Civil Code, arts. 713-720)

Occupation

Article 713. Things appropriable by nature which are without an owner, such as animals that are the object of hunting and fishing, hidden treasure and abandoned movables, are acquired by occupation. (610)

Article 714. The ownership of a piece of land cannot be acquired by occupation. (n)

Article 715. The right to hunt and to fish is regulated by special laws. (611)

Article 716. The owner of a swarm of bees shall have a right to pursue them to another's land, indemnifying the possessor of the latter for the damage. If the owner has not pursued the swarm, or ceases to do so within two consecutive days, the possessor of the land may occupy or retain the same. The owner of domesticated animals may also claim them within twenty days to be counted from their occupation by another person. This period having expired, they shall pertain to him who has caught and kept them. (612a)

Article 717. Pigeons and fish which from their respective breeding places pass to another pertaining to a different owner shall belong to the latter, provided they have not been enticed by some article or fraud. (613a)

Article 718. He who by chance discovers hidden treasure in another's property shall have the right granted him in article 438 of this Code. (614)

Article 719. Whoever finds a movable, which is not treasure, must return it to its previous possessor. If the latter is unknown, the finder shall immediately deposit it with the mayor of the city or municipality where the finding has taken place.

The finding shall be publicly announced by the mayor for two consecutive weeks in the way he deems best.

If the movable cannot be kept without deterioration, or without expenses which considerably diminish its value, it shall be sold at public auction eight days after the publication.

Six months from the publication having elapsed without the owner having appeared, the thing found, or its value, shall be awarded to the finder. The finder and the owner shall be obliged, as the case may be, to reimburse the expenses. (615a)

Article 720. If the owner should appear in time, he shall be obliged to pay, as a reward to the finder, one-tenth of the sum or of the price of the thing found. (616a)

OCCUPATION

The acquisition of ownership by seizing corporeal things which have no owner, made with the intention of acquiring them, and accomplished according to legal rules. (De Leon, supra, p. 585)

Right to Hidden Treasure (Art. 438)

Some Kinds of Property Acquirable by Occupation

• Those without an owner, like animals that are object of hunting and fishing
• Hidden treasure (a person who discovers it by chance on another’s property gets half as finder, provided he is not a trespasser). (Civil Code, Arts. 438 and 718)
• Abandoned movables

Note: Stolen property cannot be the subject of occupation.

Note: Hunting and fishing are regulated by special laws, including the Wildlife Resources Conservation and Protection Act (RA 9147) and the Philippine Fisheries Code (RA 8550, as amended by RA 10654), as well as applicable regulations and local ordinances. (Civil Code, Art. 715)

Ownership of a Piece of Land Cannot be Acquired by Occupation

Land that does not belong to anyone is presumed to be public land. When a land is without an owner, it pertains to the State.

Note: While land cannot be acquired by occupation, it may be acquired by prescription (which is an altogether different thing).