Text of the provision
Art. 1260. Once the consignation has been duly made, the debtor may ask the judge to order the cancellation of the obligation. 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.
(1180)
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
After a valid consignation, the debtor may ask the court to cancel the obligation. But before the creditor accepts it (or before a court declares it proper), the debtor may still withdraw the deposit, leaving the obligation in force.
Questions about this provision
Related provisions
- Article 1259 — Expenses of Consignation.
- Article 1261 — Effect of Withdrawal Authorized by the Creditor.
Cases citing this article
- 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 →
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.