Text of the provision
Art. 1249. The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines. The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired. In the meantime, the action derived from the original obligation shall be held in the abeyance.
(1170)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
Money debts are paid in the stipulated currency, or if impossible, in legal tender. Checks and other mercantile documents produce payment only when cashed (or when impaired through the creditor's fault); meanwhile the original obligation's action is held in abeyance.
Related provisions
- Article 1248 — No Partial Payment.
- Article 1250 — Extraordinary Inflation or Deflation.
Cases citing this article
- Benjamin Evangelista vs. Screenex, Inc., represented by Alexander G. Yu, G.R. No. 211564, November 20, 2017 — read the decision on LawPhil →
- Ma. Julieta B. Bendecio and Merlyn Mascariñas vs. Virginia B. Bautista, G.R. No. 242087, December 7, 2021 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.