Text of the provision
Art. 2249. If there are two or more credits with respect to the same specific real property or real rights, they shall be satisfied pro rata, after the payment of the taxes and assessments upon the immovable property or real right.
(1927a)
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
If two or more credits bear on the same specific real property or real right, they are satisfied pro rata after taxes and assessments on it are fully paid.
As with movable property under Article 2247, competing preferred credits on the same immovable are not resolved by priority in time but by proportion: each creditor recovers a share matched to the size of its credit, once the property's tax and assessment obligations to the government have already been paid in full. Assessments here refers to charges levied against the property itself, as distinct from duties or fees on a transaction, which is why they are named separately from the taxes mentioned in the movable-property version of this rule.
Questions about this provision
- Several creditors have preferred claims on the same piece of real property - how is its value divided among us?
- Both the registered mortgagee and an unpaid contractor claim priority on the same building — if the building is not enough for both, how are they paid?
Related provisions
- Article 2248 — Satisfying Preferred Credits on Specific Immovables.
- Article 2250 — The Excess Goes to the Free Property.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.