Two notices required in consignation
Article 1257 of the Civil Code provides:
In order that the consignation of the thing due
may release the obligor, it must first be
announced to the persons interested in the
fulfilment of the obligation. The consignation
shall be ineffectual if it is not made strictly in
consonance with the provisions which regulate
payment. In Soco v. Militante,[1] the Supreme Court held that previous notice of consignation was
given to those persons interested in the
performance of the obligation. Previous
notice is essential to the validity of the
consignation and its lack invalidates the
same. The purpose of notice is to give some time to the creditor for him to think of his unjustified refusal and to accept payment to avoid consignation. Also, considering the expenses of consignation to be charged against him [2] and that in case of loss of the thing consigned, he shall bear the risk thereof.[3][4] Moreover, the second notice must be issued after the deposit or consignation has been made.[5]
ART. 1257. 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)
In order that the consignation of the thing due
may release the obligor, it must first be
announced to the persons interested in the
fulfilment of the obligation. The consignation
shall be ineffectual if it is not made strictly in
consonance with the provisions which regulate
payment. In Soco v. Militante,[1] the Supreme Court held that previous notice of consignation was
given to those persons interested in the
performance of the obligation. Previous
notice is essential to the validity of the
consignation and its lack invalidates the
same. The purpose of notice is to give some time to the creditor for him to think of his unjustified refusal and to accept payment to avoid consignation. Also, considering the expenses of consignation to be charged against him [2] and that in case of loss of the thing consigned, he shall bear the risk thereof.[3][4] Moreover, the second notice must be issued after the deposit or consignation has been made.[5][1] Soco v. Militante, G.R. No. L-58961, (1983).
[2] Article 1259, Civil Code.
[3] Article 1262, Civil Code.
[4] De Leon. (2014). Obligations and Contracts.
[5] Rabuya. (2019). Obligations and Contracts.
