Text of the provision
Art. 1238. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the debtor's consent. But the payment is in any case valid as to the creditor who has accepted it.
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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
Payment by a third person who does not intend to be reimbursed is a donation, which requires the debtor's consent; but the payment is valid as to the creditor who accepted it, extinguishing the debt regardless.
Questions about this provision
Related provisions
- Article 1237 — No Subrogation Without the Debtor's Consent.
- Article 1239 — Capacity to Make Payment.
Cases citing this article
- Victoria Moreño-Lentfer, et al. vs. Hans Jurgen Wolff, G.R. No. 152317, November 10, 2004 — read the decision on LawPhil →
- Edilberto U. Ventura, Jr. vs. Sps. Paulino and Evangeline Abuda, G.R. No. 202932, October 23, 2013 — 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.