Short answer. No. Article 1428 provides that when a defendant voluntarily performs the obligation after the suit to enforce it has already failed, that defendant cannot demand the return of what was delivered or the value of the service rendered. Paying after a won case is treated as a final, deliberate choice.

What the law says

When, after an action to enforce a civil obligation has failed the defendant voluntarily performs the obligation, he cannot demand the return of what he has delivered or the payment of the value of the service he has rendered.

Civil Code, Article 1428 — Performance After a Failed Suit. Read the full provision →

Voluntary performance after winning cannot be reversed

Article 1428 covers precisely this sequence of events. It states that when, after an action to enforce a civil obligation has failed the defendant voluntarily performs the obligation, he cannot demand the return of what he has delivered or the payment of the value of the service he has rendered. Because the case against you already failed, the claimant had no legally enforceable way to make you pay. Choosing to perform the obligation anyway afterward, whether by delivering property or rendering the service demanded, is treated as a deliberate act that you cannot later undo by pointing back to your own successful defense.

Why winning the case does not stop you from choosing to pay

A failed suit means the claimant lost the legal power to compel you, not that the underlying moral or personal reasons for performing necessarily disappeared. You remain free to voluntarily go through with the obligation despite having successfully defended against it, whether out of a sense of fairness, an ongoing relationship with the other party, or simply a wish to be done with the matter. The law respects that choice as genuine and does not treat it as something extracted from you that needs undoing.

Why the law treats this as final

If a defendant who won a case could later perform anyway and then demand everything back by invoking the very judgment that favored them, that would let a party use litigation outcomes selectively, keeping the benefit of winning in reserve while still following through on the obligation when it suited them. Treating voluntary post-judgment performance as final avoids that kind of manipulation and holds people to decisions they made freely, after already having the option to simply do nothing.

What this means for what you already paid

Because you performed the obligation voluntarily after the suit against you had already failed, and nothing suggests you were compelled or mistaken about your legal position at the time, Article 1428 forecloses a claim to get back what you delivered or the value of the service you performed. The key facts are that the case had already failed before you acted, and that your later performance was your own free choice.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.