Text of the provision
Art. 2085. The following requisites are essential to the contracts of pledge and mortgage:
(1) That they be constituted to secure the fulfillment of a principal obligation;
(2) That the pledgor or mortgagor be the absolute owner of the thing pledged or mortgaged;
(3) That the persons constituting the pledge or mortgage have the free disposal of their property, and in the absence thereof, that they be legally authorized for the purpose. Third persons who are not parties to the principal obligation may secure the latter by pledging or mortgaging their own property.
(1857)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Pledge and mortgage require: a principal obligation secured, the pledgor/mortgagor being the absolute owner, and free disposal (or authority). A third person may pledge/mortgage his own property to secure another's debt. The foundational rule for security contracts.
Related provisions
- Article 2083 — Pledge/Mortgage in Lieu of Bond.
- Article 2086 — Accessory to a Valid Obligation.
Cases citing this article
- Technology Resource Center (TRC) formerly known as Technology and Livelihood Resources Center vs. Heirs, G.R. No. 214410, August 3, 2022 — read the decision on LawPhil →
- Spouses Nilo Ramos and Eliadora Ramos vs. Raul Obispo and Far East Bank and Trust Co, G.R. No. 193804, February 27, 2013 — read the decision on LawPhil →
- Flordeliza H. Cabuhat vs. The Hon. Court of Appeals, et al, G.R. No. 122425, September 28, 2001 — read the decision on LawPhil →
- Merlinda Plana vs. Lourdes Tan Chiua and Heirs of Ramon Chiang, G.R. No. 250636, January 10, 2023 — read the decision on LawPhil →
- Fabio Cahayag and Conrado Rivera vs. Commercial Credit Corporation, et al./Dulos Realty & Development Corporation, et al. vs. Commercial Credit Corporation, et al, G.R. No. 168078 / G.R. No. 168357, January 13, 2016 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.