Text of the provision
Art. 1652. The sublessee is subsidiarily liable to the lessor for any rent due from the lessee. However, the sublessee shall not be responsible beyond the amount of rent due from him, in accordance with the terms of the sublease, at the time of the extra-judicial demand by the lessor. Payments of rent in advance by the sublessee shall be deemed not to have been made, so far as the lessor's claim is concerned, unless said payments were effected in virtue of the custom of the place.
(1552a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full. The three sources consulted do not read identically here; the text above is the reading carried by two of the three, including the Official Gazette.
What this article means
A sublessee is subsidiarily liable to the lessor for rent the lessee owes — but only up to what the sublessee himself owes under the sublease at the time of the lessor's extra-judicial demand. And rent paid in advance by the sublessee is treated as not paid so far as the lessor's claim goes, unless the advance was made in accordance with the custom of the place.
Related provisions
- Article 1643 — Lease of Things, and the Ninety-Nine-Year Ceiling.
- Article 1734 — The Five Exempting Causes for Common Carriers.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.