Civil Code Art. 1257: Extinguishment

Statute: Civil Code
Article: Art. 1257
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. 1177 of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

In order that the consignation of the thing due may release the obligor, it must first be announced to the persons interested in the fulfillment of the obligation. The consignation shall be ineffectual if it is not made strictly in consonance with the provisions which regulate payment. (1177)

Intellegal Wiki · In plain terms

Requires that before depositing the thing owed in court (consignation) can release the debtor, the debtor must first announce it to the parties interested in the obligation. The consignation is ineffective unless it strictly follows the rules that govern payment.

An editorially maintained plain-language explanation of this provision — not legal advice.

Cases applying this article

Joseph N. Wolfson v. The Estate of Francisco Martinez G.R. No. 5970
Elizabeth del Carmen v. Spouses Restituto Sabordo G.R. No. 181723
Soledad Dalton v. Fgr Realty G.R. No. 172577
Racelis v. Racelis G.R. No. 46322

Related provisions in this Chapter

Civil Code, Art. 1256 Extinguishment of Obligations
Civil Code, Art. 1258 Extinguishment of Obligations
Civil Code, Art. 1255 Extinguishment of Obligations
Civil Code, Art. 1259 Extinguishment of Obligations
Civil Code, Art. 1254 Extinguishment of Obligations
Civil Code, Art. 1260 Extinguishment of Obligations
Civil Code, Art. 1253 Extinguishment of Obligations
Civil Code, Art. 1261 Extinguishment of Obligations

Civil Code, Art. 1257 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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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.