Article 1235

When the obligee accepts the performance knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with.

Kapag ang pinagkakautangan ay tumangap ng hindi sapat o hindi tama at hindi sya nagreklamo o umangal, ang obligasyon ay paniniwalaan na nagawa na ng buo.

*The word “ACCEPT” on this article means to take as “satisfactory or sufficient,” or to “ give assent” or to “agreed” or “accede” to an incomplete performance. The creditor has waived his right to question the defect/s by accepting the incompleteness without making any protest or objection.

Case Illustration: Julian Naval vs. Hermogenes Benavides

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 1237

Whoever pays on behalf of the debtor without the knowledge or against the will of the latter, cannot compel the creditor to subrogate him in his rights, such as those arising from a mortgage, guaranty, or penalty. (1159a)

Sinuman magbayad sa ngalan ng umutang ng hindi nito alam o hindi ayon sa kanyang kagustuhan, hindi mapipilit ang nagpautang upang mapalitan sya sa kanyang mga karapatan, tulad ng mga bagay mula sa pagkasanla, garantiya o multa.

DISCUSSION

Consequences of Payment Made By A Third Person Without The Knowledge or Against The Will of The Debtor

1. He can only recover the payment that is beneficial to the debtor.
2. He cannot place himself to have all the rights pertaining to the debtor.