Article 719 of the Civil Code: Finding lost property
Status: In force
What does Article 719 say?
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.
What does it mean in plain language?
Article 719 of the Civil Code tells a finder what to do with a lost item. The finder must return it to the person who had it. If the owner is unknown, the finder must deposit it right away with the mayor of the city or municipality where it was found. If no owner appears within six months from the mayor's announcement, the item or its value goes to the finder. If the owner appears in time, the owner pays the finder a reward of one-tenth.
How does it work in real life?
Carla's wallet find
Carla finds a wallet with cash and an ID on a jeepney seat. The ID shows who the owner is. Under Article 719, Carla must return the wallet to its owner.
Jun finds an envelope of cash
Jun finds an envelope of cash on the street with nothing to show who owns it. He deposits it with the mayor of the city where he found it. The mayor announces the finding for two weeks. If six months pass from the announcement and no owner appears, the cash goes to Jun. If the owner appears in time, the owner must give Jun one-tenth of the amount as a reward (Article 720).
These are made-up examples to show how the rule works. They are not advice for any real case.
What does this mean in practice?
- Article 719 names the mayor of the city or municipality where the thing was found. Article 308 of the Revised Penal Code speaks of "the local authorities". This page does not cover any office procedure, form or timeline set by a local government.
- The owner's reward under Article 720 is a duty set by law, not a favor. If the owner refuses to pay, the finder's claim is a civil matter. For money claims in general, see debt and collection.
- Acting honestly in such situations is also what Article 19 asks of everyone in the exercise of rights and duties.
- For free or low-cost legal help, see where to find legal help.
What does Article 719 say?
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.
In plain words:
- Owner known: give the thing back to the person who had it.
- Owner unknown: deposit it immediately with the mayor of the place where it was found.
- Announcement: the mayor announces the finding for two consecutive weeks, in the way the mayor thinks best.
- Things that spoil or cost a lot to keep: they are sold at public auction eight days after the announcement.
- After six months from the announcement with no owner: the thing, or the money from its sale, is given to the finder. The finder or the owner, as the case may be, pays back the expenses.
"Movable" means personal property that can be carried, such as cash, a wallet, a phone or jewelry. Hidden treasure is excluded and has its own rules.
Does the finder get a reward?
Yes, if the owner shows up in time:
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.
Can keeping a found item be a crime?
Yes. The Civil Code sets the finder's duty. The Revised Penal Code makes failing to deliver found property a form of theft:
- Any person who, having found lost property, shall fail to deliver the same to the local authorities or to its owner;
In Pante v. People (2021), the Supreme Court said that for this kind of theft it must be proved that lost property was found and that the finder failed to deliver it to the local authorities or its owner. The penalty depends on the value of the property: see Article 308 and the penalty for theft.
Frequently asked questions
What should I do if I find a wallet with an ID inside?
Article 719 says the finder must return a found movable to its previous possessor. If the owner can be identified, the duty is to return it to that person.
What if I do not know who owns the thing I found?
Article 719 says the finder must immediately deposit it with the mayor of the city or municipality where it was found. The mayor publicly announces the finding for two consecutive weeks.
Can the finder keep the thing if no one claims it?
Yes, after the waiting period. Article 719 says that if six months pass from the publication without the owner appearing, the thing found, or its value, is awarded to the finder.
Does the finder get a reward?
Article 720 says that if the owner appears in time, the owner must pay the finder a reward of one-tenth of the sum or of the price of the thing found.
Is keeping found property a crime?
It can be. Article 308 of the Revised Penal Code says theft is also committed by any person who, having found lost property, fails to deliver it to the local authorities or to its owner. Whether a crime was committed depends on the facts and the evidence.
Does Article 719 apply to hidden treasure?
No. Article 719 covers a movable 'which is not treasure'. Hidden treasure has its own rules in the Civil Code.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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