Article 1256.
If the creditor to whom tender of payment has been made refuses without just
cause to accept it, the debtor shall be released from responsibility by the consignation of the
thing or sum due. Consignation alone shall produce the same effect in the following
cases:(1) When the creditor is absent or unknown, or does not appear at the place of payment (2)
When he is incapacitated to receive the payment at the time it is due;(3) When, without just
cause, he refuses to give a receipt;(4) When two or more persons claim the same right to collect;
(5) When the title of the obligation has been lost.
But before that lets familiarize ourselves sa mga terms of Tender of payment and Consignation.
Tender of payment
The act, on the part of debtor, of offering to the creditor the thing or amount due. The debtor
must show that he has in his possession the thing or money to be delivered at the time of the
offer.
If it is a monetary obligation yun yung pag ooffer na ibigay yung pera o bayad.
If it is an obligation to give something pagbigay ng object mismo.
Tender of payment is an act of offering. It’s a preparatory act for consignation.
Consignation
The act of depositing the thing or amount due with the proper court when the creditor does not
desire, or refuses to accept payment, or cannot receive it, after complying with the formalities
required by law.
So, after mo mag tender ng payment the creditor cannot accept or refuses to accept payment then
what should you do?
Ikaw yung debtor nagbayad ka na para matapos na yung obligation mo pero ayaw tanggapin you
have the option to consign it with proper authority. Means that idedeposit mo doon sa korte yung
pera or bagay para maextinguised ang obligation mo and of course this is done after complying
with the formalities required by law you have to file a case for that matter.
Consignation it is always judicial and it generally requires a prior tender of payment
which is by its very nature extrajudicial.
Extra judicial ang tender of payment kase it is not legally authorized or not made in court
or the settlement has been done outside the court
While consignation is judicial because it is which is the settlement has or must be done
inside the court or with the proper formalities required by the law.
So dito tender is required before you can file an action for consignation that’s why the nature of
tender is extrajudicial and consignation is always judicial.
Article 1256. If the creditor to whom tender of payment has been made refuses without just
cause to accept it, the debtor shall be released from responsibility by the consignation of the
thing or sum due.
Dito sa tender of payment and consignation meron tayong general rule
GENERAL RULE
THERE WILL BE NO CONSIGNATION WITHOUT A VALID TENDER OF
PAYMENT
The first thing you must remember about tender of payment and consignation is that they go
hand in hand, hindi ka pwede magkaroon ng tender of payment tapos hindi susunod ang
consignation of the obligation will not be extinguished so kapag tender mo you have to proceed
with consignation.
Consignation before you can do it there must be a prior tender unless tender is excuse.
For example:
John borrowed Php 20, 000 from Julian. On the due date of the obligation, John offers to pay the
obligation but Julian refuses to accept the payment without any justifiable reason.
In this case, John’s obligation will not be extinguished until he has made a valid consignation.
The refusal by Julian to accept the offer to pay without just cause will not have the effect of
payment but John will be relieved from payment of any interest from the date of tender.
1.Tender of payment must comply with the rules on payment.
2.It must be unconditional and for the whole amount.
3.It must be actually made. The manifestation of a desire or intention to pay is not enough.
In the same example, upon Julian’s refusal, John’s then notified Julian, thus: “I will file a
complaint against you and deposit the money in the proper court of Manila on May 15,2023 at
11:00 o’clock a.m., if before that time you do not accept my payment.” Julian
having refused payment, John went to the proper court, proved to the clerk of court’s
satisfaction that there was valid tender of payment, that John, the creditor unjustly refused
to accept the payment and that, there was a previous notice of consignation. The clerk accepted.
Thereafter, John gave notice to Julian that amount had been deposited in court.
1) EFFECTS OF ABSENCE
Suppose Julian was absent at the place of payment, then John could only consign
(deposit) then amount in court.
2) INCAPACITY TO RECEIVE PAYMENT
Suppose Julian became insane at the time payment became due, then John also could
make consignation.
3) REFUSES TO GIVE A RECEIPT
Suppose Julian without just cause refuse to give John a receipt.
4) TWO OR MORE PERSONS CLAIM SAME RIGHT TO COLLECT
Suppose Hulk, aside from Julian, also claimed payment from John, and later could not
determine to whom payment should be made, then John could also consign the amount in
court.
5) TITLE OF OBLIGATION IS LOST
Suppose Julian could not return the document evidencing the obligation, then John could
make consignation in court.
