This section complements the rule on tender of payment
(Art.1256,Civil Code) by providing that said offer of payment
must be made in writing. Such tender of payment must, however,
be followed by consignation of the amount in court in order to
produce the effects of valid payment.
The rule covers:
1. Payment of sum of money - if the amount is short of the
amount of liability or not in the currency which is the legal
tender here in the Philippines, the creditor has a reason not
to accept the tender. Or even if the legal tender is not that
one to which the parties agreed
2. Delivery of document – if not that agreed document, creditor
may refused acceptance;
3. Delivery of personal property – creditor may refuse and it
does not amount to a tender if the personal property is not
that one agreed upon.
Delivery or unaccepted offer does not release the debtor from
obligation but it can excuse the debtor from delivery.
Upon a valid unaccepted offer, the creditor shall absorb all the
circumstantial damages to the property. However, the debtor must
prove that there is no negligent on his part.
The court has to resolve the issue on whether there is a just
cause in the refusal if the creditor denied the consignation of
the debtor in the basis that there is no just cause.
The requirement that the tender of payment must have been
refused without just cause by the creditor does not imply that
for the judicial authority to accept consignation it has to
examine whether or not the creditor had a just reason for
refusing the tender. In order that the consignation of an amount
or thing may be made the refusal of the creditor of the tender of
payment is enough, without regard to the reason for his refusal,
which will only be taken into account to resolve definitely
whether the consignation made will be efficacious against his
Civil Code Of The Philippines
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
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)