Civil Code Art. 1302: Extinguishment

Statute: Civil Code
Article: Art. 1302
Topic: Extinguishment of Obligations
Status: In force
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
Cited by: Multiple Supreme Court decisions

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
Republic Flour Mills Corporation v. Forbes Factors G.R. No. 152313
Metropolitan Bank v. Rural Bank of Gerona G.R. No. 159097

Related provisions in this Chapter

Civil Code, Art. 1303 Extinguishment of Obligations
Civil Code, Art. 1301 Extinguishment of Obligations
Civil Code, Art. 1300 Extinguishment of Obligations
Civil Code, Art. 1297 Extinguishment of Obligations
Civil Code, Art. 1296 Extinguishment of Obligations
Civil Code, Art. 1295 Extinguishment of Obligations
Civil Code, Art. 1293 Extinguishment of Obligations
Civil Code, Art. 1292 Extinguishment of Obligations

Civil Code, Art. 1302 is found in CHAPTER 4 Extinguishment of Obligations of TITLE I Obligations of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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