Short answer. Yes, but only before the creditor accepts it or a court declares the consignation proper. Civil Code Article 1260 lets a debtor withdraw the deposited amount up to that point, with the obligation remaining in force as if the consignation never happened. After acceptance or that declaration, withdrawal is no longer available on this basis.
What the law says
Before the creditor has accepted the consignation, or before a judicial declaration that the consignation has been properly made, the debtor may withdraw the thing or the sum deposited, allowing the obligation to remain in force.
Civil Code, Article 1260 — Cancellation and Withdrawal After Consignation. Read the full provision →
There is a window, and it closes at a specific point
Article 1260 fixes the deadline for withdrawal at two possible events: “before the creditor has accepted the consignation, or before a judicial declaration that the consignation has been properly made.” Whichever of these happens first ends your ability to take the deposit back under this provision. Up until then, the money you consigned is still yours to reclaim; once either event occurs, that door closes.
Withdrawing resets the obligation, it does not erase it
Taking the deposit back is not a way to make the underlying debt disappear. The article is explicit that withdrawal happens “allowing the obligation to remain in force,” meaning you still owe what you owed before you ever consigned it. Consignation was your attempt to satisfy the debt when your creditor would not, or could not, accept payment directly; withdrawing it simply returns things to how they stood before you made that attempt.
What happens once the window closes
Once the creditor accepts the consignation, or a court declares it properly made, the consignation has done its job — Article 1260 separately allows the debtor to then ask the judge to order cancellation of the obligation. That is the opposite outcome from withdrawal: instead of getting the money back and still owing the debt, the debtor is freed from the obligation because the deposit has been recognized as a valid substitute for direct payment.
Why the timing matters to how you plan
If your circumstances change after you have consigned money — you find another way to resolve the debt directly, or you no longer wish to proceed on those terms — moving before the creditor's acceptance or the court's declaration is what preserves your option to withdraw. Waiting past that point removes this particular route, leaving the consignation to run its course toward cancelling the obligation instead.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Banco Filipino Savings and Mortgage Bank vs. Antonio G. Diaz, et al, G.R. No. 153134, June 27, 2006 — read the decision on LawPhil →
- Ramon P. Aron vs. Francisco Realon, et al, G.R. No. 159156, January 31, 2005 — read the decision on LawPhil →
- Teddy G. Pabugais vs. Dave P. Sahijwani, G.R. No. 156846, February 23, 2004 — read the decision on LawPhil →