- Statute
- Civil Code
- Article
- Art. 2089
- Topic
- Provisions Common to Pledge and Mortgage
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE XVI PLEDGE, MORTGAGE AND ANTICHRESIS
- Chapter
- CHAPTER 1 Provisions Common to Pledge and Mortgage
- Formerly
- Art. 1860 of the old Civil Code
- Year
- 1949
The provision
A pledge or mortgage is indivisible, even though the debt may be divided among the successors in interest of the debtor or of the creditor. Therefore, the debtor's heir who has paid a part of the debt cannot ask for the proportionate extinguishment of the pledge or mortgage as long as the debt is not completely satisfied. Neither can the creditor's heir who received his share of the debt return the pledge or cancel the mortgage, to the prejudice of the other heirs who have not been paid. From these provisions is excepted the case in which, there being several things given in mortgage or pledge, each one of them guarantees only a determinate portion of the credit. The debtor, in this case, shall have a right to the extinguishment of the pledge or mortgage as the portion of the debt for which each thing is specially answerable is satisfied. (1860)
Cases applying this article
- Komatsu Industries (Phils.) Inc. v. Court of Appeals G.R. No. 127682