Short answer. Yes. Article 2099 says the creditor holding the pledge must care for the thing with the diligence of a good father of a family, and has a right to the reimbursement of the expenses made for its preservation. Genuine costs to keep your item in good condition are recoverable from you.
What the law says
he has a right to the reimbursement of the expenses made for its preservation
Civil Code, Article 2099 — Pledgee's Duty of Care. Read the full provision →
Preservation expenses are reimbursable
Article 2099 pairs a duty with a right. The creditor holding your pledged item must take care of the thing pledged with the diligence of a good father of a family, and in return he has a right to the reimbursement of the expenses made for its preservation. So yes, the pawnshop can bill you for what it reasonably spent to keep the item from deteriorating. The logic is fair: the creditor is safeguarding an asset that remains yours, and the law does not expect him to fund the upkeep of your property out of his own pocket while he holds it as security.
The expenses must be for preservation
The right is limited to preservation costs — outlays genuinely needed to maintain the item and prevent its loss or decay. It is not a license to charge you for whatever the creditor pleases. Spending that improves or embellishes the item beyond what preservation requires, or costs incurred carelessly, does not automatically become your burden under this article. The touchstone is necessity: expenses reasonably made so the thing survives in the condition it should. Because the creditor is the one who chose to hold and maintain the item, he should be able to show that what he spent was actually required to keep it.
The matching duty of care
The reimbursement right does not stand alone; it comes with responsibility. The same article requires the creditor to keep the thing with the diligence of a good father of a family and makes him liable for its loss or deterioration in accordance with the Code. So while you may owe him for proper preservation expenses, he in turn answers to you if the item is lost or damaged through his lack of care. The arrangement is balanced: he spends to protect your property and can recover that outlay, but he must protect it competently and bears the consequences if he does not.
How this affects getting your item back
Because the creditor is entitled to preservation expenses, those costs can factor into what you must settle before recovering the item, alongside the debt and interest. This is why keeping track of any claimed preservation charges matters — you are entitled to know what was spent and why. If a charge is not truly a preservation expense, or looks inflated, you are within your rights to question it. But legitimate, necessary costs of keeping your pledged item in good condition are, under Article 2099, a proper claim the pawnshop can make against you.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Roberto C. Sicam, et al. vs. Lullu V. Jorge, et al, G.R. No. 159617, August 8, 2007 — read the decision on LawPhil →
- China Banking Corp. vs. Court of Appeals, et al, G.R. No. 117604, March 26, 1997 — read the decision on LawPhil →