Text of the provision
Art. 2129. The creditor may claim from a third person in possession of the mortgaged property, the payment of the part of the credit secured by the property which said third person possesses, in the terms and with the formalities which the law establishes.
(1879)
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 may claim from a third person in possession of the mortgaged property the part of the credit secured by it, with the required formalities.
A mortgage is a real right that attaches to the property itself rather than merely to the person of the debtor, so it follows the property even after it changes hands. This article is the practical consequence of that principle: if the mortgaged property is sold or otherwise transferred while the debt remains unpaid, the creditor is not limited to suing the original debtor personally — the creditor may also proceed against whoever now possesses the property, but only for the portion of the credit that property secures, and only by observing the formalities the law prescribes for enforcing a mortgage.
Questions about this provision
Related provisions
- Article 2128 — Assignment of the Mortgage Credit.
- Article 2130 — Void Prohibition on Alienation.
Cases citing this article
- Pablo P. Garcia vs. Yolanda Valdez Villar, G.R. No. 158891, June 27, 2012 — read the decision on LawPhil →
- Bienvenido C. Teoco, et al. vs. Metropolitan Bank and Trust Co, G.R. No. 162333, December 23, 2008 — 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.