Article 1238. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the debtor’s consent. But the payment is in any case valid as to the creditor who has accepted it.
Artikulo 1238. Ang bayad na ibinigay ng ikatlong tao para sa inutang ng isang tao na hindi na inaasahang maibalik ang kabayaran sa kanya ay kinokonsidera na isang donasyon, na nangangailangan ng kaalaman ng nagpautang. Ito ay may bisa kung sakalit tinanggap ito ng nagpautang.
PAYMENT BY A THIRD PERSON WHO DOES NOT INTEND TO BE REIMBURSED
Article 1238 “embodies the idea that no one should be compelled to accept the generosity of another.” If the paying third person does not intend to be reimbursed the payment is deemed a donation which requires the debtor’s consent to be valid. However, if the creditor accepts the payment, it shall be valid as to him and the payor although the debtor did not give his consent to the donation.
EXAMPLE
Cardo owes Alyana P1,000.00. Without the intention of being reimbursed, Nena paid Cardos’s obligation. Cardo had previously accepted Nenas’s generosity. In this case, Cardo is not liable to Nena and his obligation to Alyana is extinguished. But if Cardo did not consent to the donation, Nena may recover from Cardo since there has been no donation, although originally Cardo did not intend to be reimbursed. Nevertheless, the obligation of Cardo to Alyana is extinguished because the payment is valid as to Alyana who has accepted it.
OBLIGATIONS AND CONTRACTS 