This case has been cited 3 times or more.
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2014-08-11 |
PERALTA, J. |
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| In the cases of Del Rosario v. Sandico[16] and Salvante v. Cruz,[17] likewise cited as authority by petitioner, this Court held that, for a consignation or deposit with the court of an amount due on a judgment to be considered as payment, there must be prior tender to the judgment creditor who refuses to accept it. The same principle was reiterated in the later case of Pabugais v. Sahijwani.[18] As stated above, tender of payment involves a positive and unconditional act by the obligor of offering legal tender currency as payment to the obligee for the former's obligation and demanding that the latter accept the same.[19] In the instant case, the Court finds no cogent reason to depart from the findings of the CA and the RTC that petitioner and her co-heirs failed to make a prior valid tender of payment to respondents. | |||||
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2008-12-18 |
AUSTRIA-MARTINEZ, J. |
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| Consignation is the deposit of the proper amount with a judicial authority, before whom the debtor must establish compliance with the following mandatory requirements: (1) there was a debt due; (2) the consignation of the obligation had been made because the creditor to whom tender of payment was made refused to accept it, or because he was absent or incapacitated, or because several persons claim to be entitled to receive the amount due, or because the title to the obligation has been lost; (3) previous notice of the consignation had been given to the person interested in the performance of the obligation; (4) the amount due was placed at the disposal of the court; and (5) after the consignation had been made, the person interested was notified thereof. Failure to prove any of these requirements is enough ground to render a consignation ineffective.[42] | |||||
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2006-06-27 |
CALLEJO, SR., J. |
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| Consignation is the act of depositing the thing due with the court or judicial authorities whenever the creditor cannot accept or refuses to accept payment and it generally requires a prior tender of payment.[12] In order that consignation may be effective, the debtor must show that: (1) there was a debt due; (2) the consignation of the obligation had been made because the creditor to whom tender of payment was made refused to accept it, or because he was absent or incapacitated, or because several persons claimed to be entitled to receive the amount due or because the title to the obligation has been lost; (3) previous notice of the consignation had been given to the person interested in the performance of the obligation; (4) the amount due was placed at the disposal of the court; and (5) after the consignation had been made, the person interested was notified thereof.[13] As earlier mentioned, the CA, in its Decision of November 14, 1997 in CA-G.R. CV No. 42899, ruled that there was no valid consignation because the amount tendered as payment was insufficient. In other words, the element of a valid tender of payment was not satisfied. This decision became final and executory. | |||||