Article 1236

The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary.

Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor. (1158a)

Ang nagpapautang ay hindi kabilang o nasasakop ng pagtanggap ng pagbabayad ng ikatlong tao na walang kinalaman o interes sa kaganapan ng obligasyon, maliban kung mayroong kasunduan sa isang banda.

Ang sinumang nagbayad para sa iba ay maaaring makapaningil sa nangutang ng kanyang binayaran, maliban na kung siya ay magbayad ng hindi alam at hindi ayon sa kagustuhan ng nagpautang, mababawi o masisingil lamang niya ito kung ang pagbabayad ay may kapakinabangan sa inutang.

If the third person pays the obligation of the debtor with the knowledge and consent of the latter, the payor is entitled to be reimbursed for the full amount he paid. Same rule applies if the debtor knows that the third person is making a payment but he did not object thereto or he did not repudiate at the same at anytime.

If the payment was made without the knowledge of or against the debtor’s will, the reimbursement shall be only up to the amount or extent by which the debtor was benefited. Consequently, if the debt had already prescribed or had already been compensated, the payment would no longer be beneficial to the debtor. Under situation, the payor is definitely not entitled to reimbursement from the debtor.

Article 1428

When, after an action to enforce a civil obligation has failed the defendant voluntarily performs the obligation, he cannot demand the return of what he has delivered or the payment of the value of the service he has rendered.

Kung pagkatapos ng pagkilos na ipatupad ang isang pananagutan sibil ay nabigo, ang nasasangkot ay kusang loob gumawa ng pagtupad ng kanyang obligasyon, hindi na nya maaring hingin isauli / ibalik sa kanya ang anu man naibigay na niya o ibinayad na halaga ng serbisyo na kanyang ginawa.

In the ordinary course of human interactions, a party defendant who won his case will be very glad about his legal victory because he is freed form the liability imputed against him.

Nevertheless, if the winning party paid the losing party despite his knowledge of dismissal of the latter’s claim, what has been voluntarily delivered or paid by the former to the latter cannot be recovered anymore. The retention is authorized by law as a fulfillment of a natural obligation.

Article 1188

The creditor may, before the fulfillment of the condition, bring the appropriate actions for the preservation of his right.

The debtor may recover what during the same time he has paid by mistake in case of a suspensive condition. (1121a)

Ang nagpapautang ay maari, mbago matupad ang kundisyon, ay gumawa ng nauukol na hakbangin upang mapanatili ang kanyang karapatan.

Ang nagpautang ay maaaring mabawi ang anuman na naibayad kung ito ay sa pagkakamali mula sa suspensive condition.

Pending the happening  of the suspensive condition, the creditor cannot compel the debtor to perform the prestation. All that the creditor has in the meanwhile is a mere expectancy contingent to the happening of the condition.

Remedies that the creditor may avail for the preservation of the prestation.

1. Action for prohibition restraining the alienation of the thing pending the happening of the suspensive condition;
2. Petition (with the appropriate Registry of property like land is involved), for the annotation of the creditor’s right;
3. Action to demand security if the debtor has become insolvent;
4. Action to set aside alienation made by the debtor in fraud of creditors; or
5. Action against adverse possessors to interrupt the running of the prescriptive period.