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Civil Code · Book IV: Obligations and Contracts · Title XVI: Pledge, Mortgage and Antichresis

Article 2089

Chapter 1: Provisions Common to Pledge and Mortgage

Unamended since 1950

Current text, as of October 24, 2026

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)

Personal Property Security Act (2018)

RA 11057 repealed, amended or modified this article where inconsistent with the Personal Property Security Act, which now governs security interests over personal property through a centralized registry.

Read RA 11057 →

Consolidated by Alleba from the text of Republic Act No. 386 (Lawphil and the Supreme Court E-Library). Book I provisions on marriage, family relations and parental authority were repealed by the Family Code (Executive Order No. 209, 1987) and are shown for reference only. For information and research only, and not legal advice. For certified copies, refer to the Official Gazette or the issuing agency.