Text of the provision
Art. 1302. It is presumed that there is legal subrogation:
(1) When a creditor pays another creditor who is preferred, even without the debtor's knowledge;
(2) When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor;
(3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter's share.
(1210a)
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
Legal subrogation is presumed when a creditor pays a preferred creditor; when an interested third person pays with the debtor's express or tacit approval; or when a person interested in the obligation pays even without the debtor's knowledge.
Questions about this provision
Related provisions
- Article 1301 — Conventional Subrogation.
- Article 1303 — Effect of Subrogation.
Cases citing this article
- Rapid City Realty and Development Corporation vs. Lourdes Estudillo Paez-Cline alias Lourdes Paez-Villa, et, G.R. No. 217148, December 7, 2021 — read the decision on LawPhil →
- Metropolitan Bank and Trust Company vs. Rural Bank of Gerona, Inc, G.R. No. 159097, July 5, 2010 — read the decision on LawPhil →
- Jennefer Figuera vs. Maria Remedios Ang, G.R. No. 204264, June 29, 2016 — read the decision on LawPhil →
- Coastal Pacific Trading, Inc. vs. Southern Rolling Mills, Co., Inc., et al, G.R. No. 118692, July 28, 2006 — read the decision on LawPhil →
- Astro Electronics Corp. and Peter Roxas vs. Philippine Export and Foreign Loan Guarantee Corporation, G.R. No. 136729, September 23, 2003 — 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.