Scribd
Upload
47 views14 pages

ANTICHRESIS

Uploaded by

JMJM
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
47 views14 pages

ANTICHRESIS

Uploaded by

JMJM
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 14

ANTICHRE

SIS
What is a contract of antichresis?

Article 2132. By the contract of antichresis the creditor acquires the right
to receive the fruits of an immovable of his debtor, with the obligation to
apply them to the payment of the interest, if owing, and thereafter to the
principal of his credit.

PURPOSE: The purpose of a contract of antichresis is to provide a secured


loan arrangement where the debtor uses an immovable property (such as
land or a building) as collateral to secure a debt. Instead of taking
ownership of the property, the creditor is given the right to use and enjoy
the property's "fruits"—such as rent, produce, or income generated by the
property. These fruits are then applied toward the interest and principal of
the debt.
What are the characteristics of antichresis?

1. Accessory Contract: Antichresis is inherently tied to a principal


obligation, usually a loan. Without such an obligation, this contract
can't exist.
2. Formal Contract: Antichresis requires a specific form for validity: both
principal and interest terms must be documented in writing.
Additionally, the creditor’s right to acquire the fruits and apply them to
the debt must be explicitly outlined in the contract.
3. Consensual Contract: It is perfected by consent, but property transfer is
essential for the creditor to possess the property and apply its fruits
toward the obligation.
4. Indivisibility: Though the principal obligation might be divisible,
antichresis itself remains indivisible.
5. Applicability to Various Obligations: This contract can secure different
types of obligations, whether pure, conditional, etc.
What are the elements of antichresis?

The elements of antichresis are as follows:


(1) the existence of the principal obligation to be secured;
(2) the property involved must be an immovable;
(3) the person who will constitute the antichresis must be the absolute
owner of the immovable;
(4) the person who will constitute the antichresis must have free disposal
of the property;
(5) the parties agree that the creditor acquires the right to receive the
fruits of an immovable of his debtor;
(6) the creditor has the obligation to apply the fruits of the immovable to
the payment of the interest, if owing, and thereafter to the principal of
his credit; and
(7) the amount of the principal and of the interest shall be specified in
writing; otherwise, the contract of antichresis shall be void.
What is the measure of application of fruits to interest and principal?

Article 2133. The actual market value of the fruits at the time of the
application thereof to the interest and principal shall be the measure of
such application.

Rationale - forestall the use of antichresis for purposes of usury.

What is the form required for a contract of antichresis?

Article 2134. The amount of the principal and of the interest shall be
specified in writing; otherwise, the contract of antichresis shall be void.

Rationale: forestall the use of antichresis for purposes of usury.


Rights of the Antichretic Creditor

The creditor in an antichresis contract:


1. Has the right to collect the fruits and income of the property.
2. May retain possession of the property until the debt is fully paid.
3. Can petition the court to sell the property if the debtor fails to pay.

Obligations of the Antichretic Creditor

4.Payment of Property-Related Expenses: The creditor is required to pay


taxes and necessary maintenance expenses, although they can be deducted
from the property’s fruits, unless, there is a stipulation to the contrary.
5.Application of Fruits: The creditor must apply the fruits first to any
interest due, then to the principal debt.
6.Rendering an Account of the Fruits: For transparency, the creditor must
provide the debtor with a clear account of the fruits collected.
What is the debtor's remedy in case he pays for the taxes on the
property?

The amount is applied to the payment of the debt, and the debtor is
entitled to the return of the property free from all encumbrances if he, in
effect, by advancing the taxes, had already discharged the debt.
Does the debtor have the right to reacquire the enjoyment of the
property?

Article 2136. The debtor cannot reacquire the enjoyment of the immovable
without first having totally paid what he owes the creditor.

But the latter (creditor), in order to exempt himself from the obligations
imposed upon him by the preceding article, may always compel the debtor
to enter again upon the enjoyment of the property, except when there is a
stipulation to the contrary.
What are the creditor's remedies in case of nonpayment?

1) Specific performance
2) Petition for the sale of the real property under Rule 68 of the RoC
3) Extrajudicial foreclosure if there is a stipulation authorizing the creditor

Can the antichretic creditor acquire the property by acquisitive


prescription?

No. The antichretic cannot ordinarily acquire by prescription land


surrendered to him by the debtor. The creditor holds the property in the
concept of a holder and not in the concept of an owner. Possession of the
creditor is not an adverse possession.
1. Title

2. Introductory
Statement

3. Parties Involved

4. Recital of Facts and


Grant of Possession

5. Application of
Fruits to Debt

6. Terms of Possession
and Duration
7. Tax and Other Charges
8. Execution Clause

9. Signatures of the Parties and Witnesses

10. Acknowledgment Section


Sps. Charito and Roberto Reyes et al v Heirs of Benjamin Malance
GR No. 219071,August 24, 2016

FACTS:

• Benjamin Malance owned a parcel of agricultural land.


• During his lifetime, he obtained a loan of P600,000.00 from the Magtalas sisters, evidenced by a
"Kasulatan Ng Ukol sa Utang.“
• Under the Kasulatan, the Magtalas sisters had the right to the fruits of the land for six years or until the
loan was fully paid.
• After Benjamin’s death, the Malance heirs inspected the land and found it being cultivated by the
Magtalas sisters and other petitioners under the Kasulatan.
• Doubting the authenticity of the Kasulatan, the Malance heirs filed a complaint for recovery of
possession, declaration of nullity of the Kasulatan, and damages, claiming Benjamin's signature was
forged.
• The RTC dismissed the complaint, declaring the Kasulatan a binding contract of antichresis on
Benjamin's heirs.
• The CA affirmed the RTC’s findings but noted that the actual loan amount received by Benjamin was
less than what was claimed.
ISSUE:
Whether or not the petitioners are entitled for the possession of the subject property.

RULING:
• Yes, petitioners are entitled to retain possession of the land, as the debt has not been fully paid.
• The Court, agreeing with the RTC and CA, found the Kasulatan to be a contract of antichresis.
• Article 2132 of the Civil Code: A contract of antichresis gives the creditor the right to receive the fruits of an immovable
property, applying them to the interest (if any) and then to the principal of the debt.
• Elements of antichresis:
• The creditor holds possession of the property as security.
• The creditor applies the property's fruits to the interest and then the principal
• .The creditor retains enjoyment of the property until the debt is fully paid.
• Upon full payment, the contract is extinguished.
• Evidence indicates that the parties intended to create a contract of antichresis, entitling the Magtalas sisters, as antichretic
creditors, to retain enjoyment of the property until the debt is paid.
• Article 2136 of the Civil Code: The debtor cannot reacquire the enjoyment of the immovable without fully paying the debt.
• Since the debt remains unpaid, the Malance heirs' complaint for recovery of possession, nullity of the Kasulatan, and damages
is dismissed.
THANK YOU.

You might also like