Article 1259

 Article 1259. The expenses of consignation, when properly made, shall be charged against the creditor


Expenses borne by Creditor - The consignation is properly made: 

  1. When after the thing has been deposited in court, the creditor accepts consignation without objection and without any reservation of his right to contest it because of failure to comply with any of the requisites for consignation.
  2. When the creditor objects to the consignation has been validly made. The creditor bears the expenses of the consignation. 

*If the consignment is properly made the filling of the suit must bear the expenses of consignation like storage fees, filing fees, attorney’s fees and other related expenses.


Amadeo Matute vs. Cheong Boo

G.R.No. L-11109 January 7, 1918


Street, J.:


Facts:

On January 14, 1915, a contract was made between Amadeo Matute and Cheong Boo that the former should deliver and the latter should receive within the month of February of the same year a quantity of more than 300 and less than 500 piculs of mastic (almaciga) at the price of P8.50/picul. Matute performed his part and delivered on February 22, 1915 the almaciga to the defendant but he refused to accept delivery. The plaintiff thereupon stored the almaciga in a warehouse and he go to the court to file a case claiming for damages plus interest for not accepting the almaciga and the expenses of storing the almaciga in a warehouse.

Issue: Whether or not should the plaintiff can claimed for the damages?

Ruling: Yes, the defendant should comply with their contract and all the expense which brought by consignation will be given against him and it was stated on article 1259 “The expense of consignation, when properly made, shall be charged against the creditor.”


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