Article 105: Restitution-How made — Revised Penal Code

The restitution of the thing itself must be made whenever possible, with allowance for any deterioration or diminution of value as determined by the court.

The thing itself shall be restored, even though it be found in the possession of a third person who has acquired it by lawful means, saving to the latter his action against the proper person who may be liable to him.

This provision is not applicable in cases in which the thing has been acquired by the third person in the manner and under the requirements which, by law, bar an action for its recovery.

Consolidated by Alleba from the 1930 text of Act No. 3815 (Lawphil) and the amending Republic Acts in our library. Amendments made by Presidential Decrees, Batas Pambansa or executive orders are not yet included. For information and research only, and not legal advice. This text may not reflect later amendments. For certified copies, refer to the Official Gazette or the issuing agency.