- Statute
- Civil Code
- Article
- Art. 1303
- 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. 1212a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
Subrogation transfers to the persons subrogated the credit with all the rights thereto appertaining, either against the debtor or against third person, be they guarantors or possessors of mortgages, subject to stipulation in a conventional subrogation. (1212a)
Intellegal Wiki · In plain terms
Subrogation passes to the new creditor the entire credit together with all rights attached to it — including claims against the debtor and against third parties such as guarantors or holders of mortgages. In conventional (agreed) subrogation, the parties may limit this by their stipulation.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Andrea Dumasug v. Felix Modelo G.R. No. 10462
- Mercedes Gustilo v. Herminio Maravilla G.R. No. 23386
- In the Matter of Intestate of the Deceased Juana Servando. Jose P. Tinsay v. Jovita Yusay G.R. No. 23126
Related provisions in this Chapter
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