Text of the provision
Art. 2115. The sale of the thing pledged shall extinguish the principal obligation, whether or not the proceeds of the sale are equal to the amount of the principal obligation, interest and expenses in a proper case. If the price of the sale is more than said amount, the debtor shall not be entitled to the excess, unless it is otherwise agreed. If the price of the sale is less, neither shall the creditor be entitled to recover the deficiency, notwithstanding any stipulation to the contrary.
(n)
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 sale of the thing pledged extinguishes the principal obligation whatever the proceeds — the creditor cannot recover any deficiency (any contrary stipulation void), and the debtor is not entitled to any excess unless agreed. A pro-debtor rule unique to pledge.
Related provisions
- Article 2114 — Cash Bids.
- Article 2116 — Notice of the Result.
Cases citing this article
- Standard Chartered Bank, Philippine Branch vs. Philippine Investment Two (SPV-AMC) Inc., Philippine Investment One (SPV-AMC), Inc, G.R. No. 216608, April 26, 2023 — read the decision on LawPhil →
- Ramona Ramos, et al. vs. Philippine National Bank, et al, G.R. No. 178218, December 14, 2011 — read the decision on LawPhil →
- Philippine National Bank vs. Spouses Agustin and Pilar Rocamora, G.R. No. 164549, September 18, 2009 — read the decision on LawPhil →
- Pameca Wood Treatment Plant, Inc., et al. vs. Court of Appeals & DBP, G.R. No. 106435, July 14, 1999 — 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.