Civil Code Art. 1302: Extinguishment of

Statute: Civil Code
Article: Art. 1302
Topic: Extinguishment of Obligations
Book: BOOK IV Obligations and Contracts
Title: TITLE I Obligations
Chapter: CHAPTER 4 Extinguishment of Obligations
Formerly: Art. 1210a of the old Civil Code
Year: 1949

The provision

It is presumed that there is legal subrogation: (1) When a creditor pays another creditor who is preferred, even without the debtor's knowledge; (2) When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor; (3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter's share. (1210a)

Cases applying this article

Joseph N. Wolfson v. The Estate of Francisco Martinez G.R. No. 5970
Agustin Ga. Gavieres v. The Administrators of the Estate of Luis Pena G.R. No. 4992
Jennefer Figuera v. Maria Remedios Ang G.R. No. 204264
Cecilleville Realty v. Spouses Tito Acuña G.R. No. 162074

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