Dear PAO,
I inherited a parcel of land located in Balanga, Bataan. My grandfather used to tell me stories about the World War II artifacts he and his best friend, Fernando, found when they tilled the land that I inherited. After my grandfather’s death, Fernando requested to conduct treasure hunting on the land, which I refused. Now, I heard from our neighbor that Fernando plans to conduct treasure-hunting activities on my land while I am away. Can Fernando legally claim any treasures he might find during a treasure-hunting activity on my lot without my knowledge and consent?
Julian
Dear Julian,
The New Civil Code, in Article 439 thereof, defined “treasure” as “any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear.” In case that hidden treasure is discovered by chance in another’s property, Article 438 of the said Code governs, which states:
“Article 438. Hidden treasure belongs to the owner of the land, building, or other property on which it is found.
Nevertheless, when the discovery is made on the property of another, or of the State or any of its subdivisions, and by chance, one-half thereof shall be allowed to the finder. If the finder is a trespasser, he shall not be entitled to any share of the treasure.
“If the things found be of interest to science or the arts, the State may acquire them at their just price, which shall be divided in conformity with the rule stated.”
In line with this, Article 280 and Article 281 of the Revised Penal Code defined the crime of Trespassing and imposed the following penalties, to wit:
“Article 280. Qualified trespass to dwelling. – Any private person who shall enter the dwelling of another against the latter’s will shall be punished by arresto mayor and a fine not exceeding 1,000 pesos.
“If the offense be committed by means of violence or intimidation, the penalty shall be prision correccional in its medium and maximum periods and a fine not exceeding 1,000 pesos.
“The provisions of this article shall not be applicable to any person who shall enter another’s dwelling for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall enter cafes, taverns, inn and other public houses, while the same are open.
“Article 281. Other forms of trespass. – The penalty of arresto menor or a fine not exceeding 200 pesos, or both, shall be imposed upon any person who shall enter the closed premises or the fenced estate of another, while either or them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof.”
Applying the abovementioned provisions of law to your case, if Fernando enters your land to conduct treasure hunting without your permission, such action is considered trespassing, which is penalized by the Revised Penal Code with a fine and/or imprisonment. Moreover, in order to further deter him from conducting illegal treasure-hunting activities in your land, you may inform him that, even if he hypothetically finds hidden treasures there, Article 438 of the New Civil Code makes it clear that he will not be entitled to any share of the treasure because he is considered as a trespasser for conducting the activity without your permission.
We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
