Text of the provision
Art. 2131. The form, extent and consequences of a mortgage, both as to its constitution, modification and extinguishment, and as to other matters not included in this Chapter, shall be governed by the provisions of the Mortgage Law and of the Land Registration Law.
(1880a)
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 form and effects of a mortgage are governed by the Mortgage Law and the Land Registration Law for matters not in this Chapter.
This Chapter of the Code sets out the general civil-law framework for a mortgage — how it arises as a contract and what rights it gives the creditor — but it does not attempt to cover the entire subject. Matters this Chapter leaves untouched, together with the more technical mechanics of constituting, modifying, and extinguishing a mortgage, are instead governed by the Mortgage Law and the Land Registration Law. In other words, the Civil Code supplies the substantive foundation, while the specialized registration and foreclosure legislation supplies the procedural detail needed to make a mortgage effective and enforceable against third persons.
Questions about this provision
- Does the Civil Code cover everything about registering and foreclosing a real estate mortgage, or do other laws apply too?
- What law governs the form and validity of a mortgage in the Philippines?
Related provisions
- Article 2130 — Void Prohibition on Alienation.
- Article 2132 — Antichresis Defined.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.