Text of the provision
Art. 2088. The creditor cannot appropriate the things given by way of pledge or mortgage, or dispose of them. Any stipulation to the contrary is null and void.
(1859a)
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
The creditor cannot appropriate or dispose of the thing pledged/mortgaged; any contrary stipulation is void. This is the prohibition against pactum commissorium — a heavily-litigated rule.
Related provisions
- Article 2087 — Sale on Default.
- Article 2090 — Indivisibility Unaffected by Non-Solidarity.
Cases citing this article
- Development Bank of the Philippines vs. Court of Appeals, et al, G.R. No. 118342, January 5, 1998 — read the decision on LawPhil →
- A. Francisco Realty And Development Corp. vs. Court of Appeals, et al, G.R. No. 125055, October 30, 1998 — read the decision on LawPhil →
- Fort Bonifacio Development Corporation vs. Yllas Lending Corporation, et al, G.R. No. 158997, October 6, 2008 — read the decision on LawPhil →
- Solid Homes, Inc. vs. Court of Appeals, et al, G.R. No. 117501, July 8, 1997 — read the decision on LawPhil →
- Froilan Dala vs. Edith A. Auticio, G.R. No. 205672, June 22, 2022 — 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.