Civil Code Art. 1256: Extinguishment

Statute: Civil Code
Article: Art. 1256
Topic: Extinguishment of Obligations
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE I Obligations
Chapter: CHAPTER 4 Extinguishment of Obligations
Formerly: Art. 1176a of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

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. (1176a)

Cases applying this article

Josefina Tayag v. Court of Appeals G.R. No. 96053
Philippine National Bank v. Lilibeth S. Chan G.R. No. 206037
Bonifacio Danan v. Spouses Gregorio Serrano G.R. No. 195072
Elizabeth del Carmen v. Spouses Restituto Sabordo G.R. No. 181723
Cacayorin v. Armed Forces G.R. No. 171298
Manuel Go Cinco v. Court of Appeals G.R. No. 151903
Spouses Teofilo Ercillo v. Court of Appeals G.R. No. 55361
Benito Legarda y Tuason v. Mariano B. Zarate G.R. No. 11437

Other Supreme Court decisions also apply this article.

Related provisions in this Chapter

Civil Code, Art. 1255 Extinguishment of Obligations
Civil Code, Art. 1257 Extinguishment of Obligations
Civil Code, Art. 1254 Extinguishment of Obligations
Civil Code, Art. 1258 Extinguishment of Obligations
Civil Code, Art. 1253 Extinguishment of Obligations
Civil Code, Art. 1259 Extinguishment of Obligations
Civil Code, Art. 1252 Extinguishment of Obligations
Civil Code, Art. 1260 Extinguishment of Obligations

Related research

In-depth Intellegal research that analyzes this provision.

Contract of Lease in the Philippines

Civil Code, Art. 1256 is found in CHAPTER 4 Extinguishment of Obligations of TITLE I Obligations of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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