Text of the provision
Art. 1252. He who has various debts of the same kind in favor of one and the same creditor, may declare at the time of making the payment, to which of them the same must be applied. Unless the parties so stipulate, or when the application of payment is made by the party for whose benefit the term has been constituted, application shall not be made as to debts which are not yet due. If the debtor accepts from the creditor a receipt in which an application of the payment is made, the former cannot complain of the same, unless there is a cause for invalidating the contract.
(1172a)
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
A debtor owing several debts of the same kind to one creditor may declare, at the time of payment, which debt it applies to (not to debts not yet due, unless the term is for his benefit). Accepting a receipt with an application binds the debtor, absent a ground to invalidate it.
Questions about this provision
Related provisions
- Article 1251 — Place of Payment.
- Article 1253 — Interest Applied Before Principal.
Cases citing this article
- Premiere Development Bank vs. Spouses Engracio T. Castañeda, G.R. No. 185110, August 19, 2024 — read the decision on LawPhil →
- Atty. Leonardo Florent O. Bulatao vs. Zenaida C. Estonactoc, G.R. No. 235020, December 10, 2019 — read the decision on LawPhil →
- Engr. Ricardo O. Vasquez vs. Phillippine National Bank and Notary Public, G.R. No. 228355, August 28, 2019 — read the decision on LawPhil →
- Estanislao and Africa Sinamban vs China Banking Corporation, G.R. No. 193890, March 11, 2015 — read the decision on LawPhil →
- Premier Development Bank vs. Central Surety and Insurance Company, Inc, G.R. No. 176246, February 13, 2009 — 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.