Text of the provision
Art. 1293. 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. Payment by the new debtor gives him the rights mentioned in articles 1236 and 1237.
(1205a)
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 new debtor may be substituted even without the old debtor's knowledge or against his will, but never without the creditor's consent. The paying new debtor gets the rights in Arts. 1236-1237.
Questions about this provision
Related provisions
- Article 1292 — Express or Implied Novation.
- Article 1294 — Insolvency of the New Debtor (Expromision).
Cases citing this article
- 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 →
- Buyayo Aligayon vs. Jeffrey A.K.A 'Napadawan' Dummang, Johnny A.K.A. 'Bidang' Dummang, Minda Dummang, and Donato Dummang, G.R. No. 259469, August 30, 2023 — 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.