After reading this article about “hidden treasures”, read also: Proving claims in land ownership disputes
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Hidden treasure is any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear
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The finder may be entitled to a part of the hidden treasure
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The State may acquire the hidden treasure after payment of its just price
Millionaires are not necessarily products of treasure hunting.
In our previous article entitled “What is ownership?”, we have enumerated the rights of an owner. In addition, the owner of a parcel of land is the owner of its surface and everything under it.
As to hidden treasures found on land, the general rule is that the hidden treasure belongs to the owner of said land. If the hidden treasure is found in a building or other property, it belongs to the owner of said property.
It should be understood that hidden treasures are any hidden and unknown deposit of money, jewelry, or other precious objects, the lawful ownership of which does not appear. Meaning, the owner of said hidden treasure cannot be determined.
However, there are instances where the finder of the hidden treasure is not really the owner of the property from which it was found. In this case, to whom should the things found belong?
The law says:
When the discovery of a hidden treasure is made by chance on the property of another, one-half of said hidden treasure shall go to the finder and the other shall go to the owner of the property from where it was found. The same principle applies when the hidden treasure was found on a property owned by the State.
Now, when the share in the hidden treasure was already awarded to the finder or owner of the property where the treasure was found, his share shall belong to the conjugal partnership in accordance with the Family Code of the Philippines.
Furthermore, if the thigs 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 above-stated rule.
But, if the finder is a trespasser, he is not entitled to any share of the treasure. A trespasser is someone who is prohibited or not authorized to enter the premises.
For example, if Gerard Franco, enters the land owned by Jose Mari without any permission or authority from the latter and discovers by chance a bar of gold, Gerard Franco is not entitled to receive any share from his discovery. The bar of gold discovered is owned by Jose Mari being the owner of the land from which it was discovered.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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do barangay officials have the power to stop treasure hunting of indivifuals in their private properties
Good day!
If the individuals have do not have the necessary permit, the treasure hunting is not legal and can be stopped.
do barangay official have the power to hunt treasure in their properties
Good day!
If they have the necessary permit to do the treasure hunting.
Question: Is a usufructuary entitled to hidden treasure he found on a property? Why or why not?
Wow, that’s what I was exploring for, what a material! existing here at this webpage, thanks admin of this site.
Good day,my nabili po akong lot,hindi ko alam na my ngsagawa na pala ng mining activities,ang ngbigay ng authorized ay yong taong binilhan namin ng lot.Ano po ang pwede namin Gawin? Ang hawak lng namin papers ay rights lng po,yong kasunduan po sa baranggay na my per ma ng binta at mga witnesses
lacking information::
a) who legally own the land? was there someone legally own the land? verify.
b) why was there a possessional right of former occupant?
c) is made transfer of right of possession a binding document in your case?
d) what is the land classification?
e) do transferee pay the due taxes under his/ her name?
f) visit a lawyer.. for legal comment on about treasure find.