Text of the provision
Art. 1300. Subrogation of a third person in the rights of the creditor is either legal or conventional. The former is not presumed, except in cases expressly mentioned in this Code; the latter must be clearly established in order that it may take effect.
(1209a)
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
Subrogation of a third person in the creditor's rights is legal (arising by law, never presumed except where the Code provides) or conventional (by agreement, which must be clearly established).
Questions about this provision
Related provisions
- Article 1299 — Conditional Original Obligation.
- Article 1301 — Conventional Subrogation.
Cases citing this article
- Philippine Fisheries Development Authority vs. Mario Daniel Eduardo G. Pascual, G.R. No. 265567, July 7, 2025 — read the decision on LawPhil →
- Edgar Ledonio vs. Capitol Devt. Corp, G.R. No. 149040, July 4, 2007 — read the decision on LawPhil →
- Elsa B. Reyes vs. Court of Appeals, et al, G.R. No. 120817, November 4, 1996 — 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.