Two notices required in consignation

Article 1257 of the Civil Code provides:
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.

Popular Posts