Short answer. No. Article 1293 of the Civil Code is clear: substituting a new debtor in the place of the original one — what the law calls novation by debtor substitution — may happen even without the original debtor's knowledge, but never without the consent of the creditor. You cannot hand off a debt without the creditor agreeing.
What the law says
Novation which consists in substituting a new debtor in the place of the original one, may be made even without the knowledge or against the will of the latter, but not without the consent of the creditor.
Civil Code, Article 1293 — Substitution of Debtor. Read the full provision →
Why the creditor's consent is required
When a creditor accepts a debt from a particular person, they do so based on their assessment of that person's ability and willingness to pay. Allowing the debtor to unilaterally replace themselves with someone else would strip the creditor of that informed choice. Article 1293 of the Civil Code reflects this: novation which consists in substituting a new debtor in the place of the original one may be made even without the knowledge or against the will of the latter, but not without the consent of the creditor. The original debtor's own agreement or disagreement does not matter — what matters is the creditor's consent.
The two forms of debtor substitution
Article 1293 contemplates two forms of debtor substitution. The first is expromission: a third person voluntarily steps forward to take on the debt, even without the original debtor's knowledge or against their will. The second is delegacion: the original debtor designates someone else to take their place, with the creditor's approval. In both forms, the creditor's consent is the non-negotiable requirement. Without it, there is no valid substitution — the original debtor remains bound.
What happens to the new debtor who pays
Article 1293 also addresses what rights arise for the new debtor if they pay. It points to two provisions: one gives the paying third person the right to demand from the original debtor what was paid, except that if payment was made without the debtor's knowledge or against their will, recovery is limited to what actually benefited the debtor. The other provision addresses subrogation — a new debtor who paid without the original debtor's knowledge or consent cannot compel the creditor to subrogate them in the creditor's rights, such as those arising from a mortgage, guaranty, or penalty. Paying without the debtor's knowledge carries legal costs.
What you should do instead
If your goal is to have someone else take over your debt, you need the creditor's active agreement. This is usually formalized in writing — a novation agreement or assumption of obligation document signed by the creditor, the original debtor, and the new debtor. Without it, any arrangement you and the new person make between yourselves does not bind the creditor. From the creditor's point of view, you remain the debtor. If the new person fails to pay, the creditor can still come after you. Approach the creditor directly, propose the substitution, and secure their written consent before treating yourself as released from the obligation.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Y-1 Leisure Philippines, Inc., Yats International Ltd. and Y-1 Clubs and Resorts, Inc., vs. James Yu, G.R. No. 207161, September 8, 2015 — read the decision on LawPhil →
- Romeo C. Garcia vs. Dionisio V. Llamas, G.R. No. 154127, December 8, 2003 — read the decision on LawPhil →
- State Investment House, Inc. vs. Court of Appeals, et al, G.R. No. 106795, November 16, 1999 — read the decision on LawPhil →
- Philippine Fisheries Development Authority vs. Mario Daniel Eduardo G. Pascual, G.R. No. 265567, July 7, 2025 — read the decision on LawPhil →