Text of the provision
Art. 1248. Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations in which the obligation consists. Neither may the debtor be required to make partial payments. However, when the debt is in part liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter.
(1169a)
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
Absent stipulation, the creditor cannot be compelled to receive partial payment, nor the debtor to make it. Exception: when part of the debt is liquidated and part is not, the liquidated part may be paid and demanded without waiting for the rest.
Related provisions
- Article 1247 — Expenses of Payment.
- Article 1249 — Currency of Payment; Payment by Instruments.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.