Text of the provision
Art. 1237. Whoever pays on behalf of the debtor without the knowledge or against the will of the latter, cannot compel the creditor to subrogate him in his rights, such as those arising from a mortgage, guaranty, or penalty.
(1159a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
One who pays without the debtor's knowledge or against his will cannot compel subrogation into the creditor's securities (mortgage, guaranty, penalty) — he has a plain right of reimbursement, not the creditor's enhanced rights.
Related provisions
- Article 1236 — Payment by a Third Person.
- Article 1238 — Payment Intended as a Donation.
Cases citing this article
- Engr. Felipe A. Virtudazo and Spouse Estelita M. Virtudazo vs. Alipio Labuguen and His, G.R. No. 229693, December 10, 2019 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.