Article 1300

Article 1300
By: Gretzen M. Colona

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.

Ang subrogation ng ikatlong tao sa mga karapatan ng nagpautang ay maaaring legal o konbensyonal. Ang nauna ay hindi ipinapagpalagay, maliban sa mga kaso na malinaw na nabanggit sa Code na ito; ang nahuli ay dapat na malinaw na itinatag upang ito ay magkabisa. (1209a)


Subrogation is the active subjective novation characterized by the transfer to a third person of all the rights pertaining to the creditor in the transaction concerned including the right to proceed against the guarantors or possessor of mortgages, and similar other subject to any applicable legal provisions or any stipulation agreed upon by the parties in conventional subrogation.
It is the transfer of the credit of the creditor arising in a transaction, to a third person with all the rights appertaining thereto, either against the debtor or against third persons.
Subrogation is designed to promote and accomplish justice and is the mode which equity adopts to compel the ultimate payment of a debt by one who in justice and good conscience ought to pay.
Kinds of subrogation (or Active Subject Novation)
As to their creation
Legal subrogation
Voluntary or conventional subrogation

As to their extent

Total subrogation
Partial subrogation
Legal subrogation is not presumed except in the cases mentioned in the law. Voluntary subrogation must be clearly established with sufficient evidence, otherwise, its existence will not be sustained.

 Question: What is SUBROGATION?
Answer: Subrogation is the transfer to a third person of all the rights pertaining to the creditor, including the right to proceed against guarantors, or possessors of mortgages, subject to any legal provision or any modification that may be agreed upon.

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