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.
Artikulo 1256.
Kung ang nagpautang kung saan ang kabayaran ang ginawa at tinanggihan ang walang kadahilanan na tanggapain ito, ang nangutang ay maaaring pakawalan sa kanyang responsibilidad sa pamamagitan ng konsignasyon ng mga bagay o kabuuan na dapat bayaran.
Ang konsignasyon ay maaaring maglabas ng parehong epekto sa mga sumusunod na pangyayari.
- Kung kailan ang nagpautang ay wala o hindi na Makita, o hindi na Makita sa lugar na magbabayaran.
- Kung kailan sya ay walang kakayahan na tumanggap ng bayad kapag dumating na ang takdang panahon na dapat ng bayaran.
- Kung kalian, walang dahilan, ay tinanggihan nya na magbigay ng resibo;
- Kung kalian dalawa o higit pang mga tao ay humahabol ng karapatan na kumolekta;
- Kung kalian ang titulo ng obligasyon ay nawala.
DEFINITION
Tender of payment is the act, on the part of the 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. It is an act preparatory to consignation, which is the principal, and from which are derived the immediate consequences which the debtor desires or seeks to obtain.
Consignation is 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. It is always judicial and it generally requires a prior tender of payment which is by its very nature extrajudicial.
ILLUSTRATION
Doctor Strange borrowed Php 10, 000 from Captain America. On the due date of the obligation, Doctor Strange offers to pay the obligation but Captain America refuses to accept the payment without any justifiable reason.
In this case, Doctor Strange’s obligation will not be extinguished until he has made a valid consignation. The refusal by Captain America to accept the offer to pay without just cause will not have the effect of payment but Doctor Strange will be relieved from payment of any interest from the date of tender.
In the same example, upon Captain America’s refusal, Doctor Stranger then notified Captain America, thus: “I will file a complaint against you and deposit the money in the proper court of Manila on May 25, 2019 at 10:00 o’clock a.m., if before that time you do not accept my payment.” Captain America having refused payment, Doctor Strange went to the proper court, proved to the clerk of court’s satisfaction that there was valid tender of payment, that Doctor Strange, the creditor unjustly refused to accept the payment and that, there was a previous notice of consignation. The clerk accepted the deposit. Thereafter, Doctor Strange gave notice to Captain America that amount had been deposited in court.
(1) EFFECTS OF ABSENCE
Suppose Captain America was absent at the place of payment, then Doctor Strange could only consign (deposit) then amount in court.
(2) INCAPACITY TO RECEIVE PAYMENT
Suppose Captain America became insane at the time payment became due, then Doctor Strange also could make consignation.
(3) REFUSES TO GIVE A RECEIPT
Suppose Captain America without just cause refuse to give Doctor Strange a receipt.
(4) TWO OR MORE PERSONS CLAIM SAME RIGHT TO COLLECT
Suppose Hulk, aside from Captain America, also claimed payment from Doctor Strange, and later could not determine to whom payment should be made, then Doctor Strange could also consign the amount in court.
(5) TITLE OF OBLIGATION IS LOST
Suppose Captain America could not return the document evidencing the obligation, then Doctor Strange could make consignation in court.
OBLIGATIONS AND CONTRACTS 