What is the concept of hidden treasure?
1. Hidden and unknown
2. Unknown owner
3. Consists of Money, jewels, or other precious objects. (Not raw materials)
What is the meaning of “other precious objects”?
Under the ejusdem generis rule, the phrase should be understood as being similar to money or jewelry.
What is the rule regarding discovery of hidden treasure?
General Rule:
If the finder is the owner of the land, building, or other property where it is found, the entire hidden treasure belongs to him.
Exception:
If the finder is not the owner or is a stranger (includes the lessee or usufructuary), he is entitled to ½ thereof. (Art 566, NCC)
When is the finder entitled to any share in the hidden treasure?
Requisites:
1. Discovery was made on the property of Another, or of the State or any of its political subdivisions;
2. Made by Chance; and
3. He is not a Trespasser or Agent of the landowner. (Art. 438 par. 2, NCC)
Note: 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. (Art. 438, NCC)
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