Article 1259

Article 1259 
By: Gretzen M. Colona

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

Ang gastos sa pagbabayad sa korte ng may utang, ay pag maayos na nagawa, ang bayarin ay papasanin ng nagpautang.

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


AMADEO MATUTE, Plaintiff-Appellant, 

vs. 

CHEONG BOO, Defendant-Appellant.


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. Judgment was accordingly given in favor of the plaintiff and against the defendant. Both parties appealed. The Supreme Court affirmed and modified the judgement in favor of the plaintiff.


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


Held: Yes, judgment is rendered against the defendant in favor of the plaintiff for 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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