Short answer. Yes. Article 1258 requires notice not just to the creditor, but to all 'interested parties' once the consignation is made, a category that can include guarantors, sureties, and co-debtors whose obligations depend on your payment. Skipping notice to them risks leaving the consignation incomplete as to their interests, even if the creditor was properly notified.
What the law says
The consignation having been made, the interested parties shall also be notified thereof.
Civil Code, Article 1258 — How Consignation Is Made. Read the full provision →
Two Separate Notice Requirements
Consignation involves two distinct notices under the Code. Article 1257 requires prior notice to persons interested in the obligation before the deposit is made; Article 1258 requires a second, follow-up notice after the deposit has actually been made and proven before the judicial authority. The first notice gives interested parties a chance to object or participate; the second confirms that the deposit actually happened. Missing either step can leave the debtor unable to prove full compliance with the requirements for a valid consignation.
Who Counts as an 'Interested Party'
The term is broader than just the creditor. Anyone whose legal position is tied to the debt, such as a guarantor or surety who stands to be released if payment is validly made, a co-debtor in a solidary obligation, or a pledgor whose security depends on the debt being extinguished, has a stake in knowing the consignation occurred and whether it was accepted, contested, or withdrawn.
Why This Second Notice Matters
Interested parties who are not told about a completed consignation may be unable to protect their own position, for example a guarantor cannot know to invoke discharge, or a co-debtor cannot track whether the deposit has been accepted or later withdrawn, which would revive the obligation and their liability along with it. Proper notice keeps everyone's rights and exposure aligned with what actually happened to the deposit, and it also gives the court a clear record of who knew what and when.
Practical Steps
If you consign payment through the court, do not assume notifying the creditor is enough. Identify everyone whose obligation, security, or guarantee is connected to the debt, and make sure the consignation and its outcome are communicated to each of them, ideally through the same judicial process, so there is a clear record that every interested party was informed. Keep proof that notice reached each interested party, whether through personal service, registered mail, or inclusion in the court filings, since the burden of showing compliance with Article 1258 falls on the debtor claiming a valid consignation. If a guarantor or co-debtor later claims they were never told, the absence of that proof can undermine the consignation as to their particular obligation, even though it remains valid between you and the creditor. When in doubt about who qualifies as interested, err on the side of over-notifying rather than leaving a gap that could later be used to challenge the consignation.
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.
- Spouses Oscar and Thelma Cacayorin vs. Armed Forces and Police Mutual Benefit Association, Inc, G.R. No. 171298, April 15, 2013 — read the decision on LawPhil →
- Soledad Dalton vs. FGR Fealty and Development Corporation, et al, G.R. No. 172577, January 19, 2011 — read the decision on LawPhil →
- B.E. San Diego Inc. vs. Rosario T. Alzul, G.R. No. 169501, June 8, 2007 — read the decision on LawPhil →
- Confederation of Sugar Producers Asso., Inc., et al. vs. Dept. of Agrarian Reforms et al, G.R. No. 169514, March 30, 2007 — read the decision on LawPhil →
Related provisions
- Civil Code, Article 1258 — How Consignation Is Made
- Civil Code, Article 1257 — Prior Notice of Consignation
- Civil Code, Article 1259 — Expenses of Consignation