Consignation

Consignation
It is the act of depositing the
thing due with the court or
judicial authorities whenever
the creditor cannot accept or
refuses to accept payment.
Consignation is sufficient even without
a prior tender of payment when:
 The creditor is absent or unknown or
does not appear at the place of payment;
 He is incapacitated to receive the payment
at the time it is due;
 Without just cause, he refuses to give a
receipt;
 Two or more persons claim the same right
to collect; and
 When the title of the obligation has been
lost.
 Consignation
Requisites:
 Existence of a valid debt
 Prior valid tender of payment
 Prior notice of consignation (before deposit)
 Actual consignation (deposit)
 Subsequent notice of consignation
 Consignation
Effect:

Extinguishment
of
obligation
Petition for the Issuance
of a Writ of Possession
Employed to enforce
judgment to recover
possession of the land.