- Statute
- Civil Code
- Article
- Art. 1260
- 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. 1180 of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
Once the consignation has been duly made, the debtor may ask the judge to order the cancellation of the obligation. Before the creditor has accepted the consignation, or before a judicial declaration that the consignation has been properly made, the debtor may withdraw the thing or the sum deposited, allowing the obligation to remain in force. (1180)
Intellegal Wiki · In plain terms
After a debtor validly consigns (deposits with the court) what is owed, the debtor may ask the judge to declare the obligation cancelled. But until the creditor accepts the deposit or a court rules the consignation proper, the debtor may take back the deposited money or thing, in which case the original obligation stays in force.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In Banco Filipino Savings v. Antonio G. Diaz, the Supreme Court held: A debtor who has consigned payment may withdraw it as a matter of right before the creditor accepts it or a court declares the consignation valid (Article 1260); courts may reduce excessive surcharges (Article 1229).
One leading Supreme Court case applying this provision.
Cases applying this article
- Banco Filipino Savings v. Antonio G. Diaz G.R. No. 153134