Dear Atty. Chris Liquigan,

I am currently renting a small apartment with a year of contract. It was all okay, until I saw the landlord's niece whom I immediately fell in love with. I tried to court her, but she rejected me. I am deeply hurt and I want to leave my apartment but I have a contract. She's also the one collecting the rent. I don't want to see her. Can I consign? Or pay in court instead? Thanks Atty.
John

Dear John,

To answer your query, I'd like to share with you the case of PNB vs Lilibeth Chan (GR 206037, 13 March 2017) penned by Associate Justice Mariano del Castillo. The case clearly discussed the propriety in making consignation in court, viz.:

"Consignation is the act of depositing the thing due with the court or judicial authorities whenever the creditor cannot accept or refuses to accept payment. It generally requires a prior tender of payment."

Under Article 1256 of the Civil Code, consignation alone is sufficient even without a prior tender of payment: a) when the creditor is absent or unknown or does not appear at the place of payment; b) when he is incapacitated to receive the payment at the time it is due; c) when, without just cause, he refuses to give a receipt; d) when two or more persons claim the same right to collect; and e) when the title of the obligation has been lost.

For consignation to be valid, the debtor must comply with the following requirements under the law:

1) there was a debt due;
2) valid prior tender of payment, unless the consignation was made because of some legal cause provided in Article 1256;
3) previous notice of the consignation has been given to the persons interested in the performance of the obligation;
4) the amount or thing due was placed at the disposal of the court; and,
5) after the consignation had been made, the persons interested were notified thereof.
"Failure in any of these requirements is enough ground to render consignation ineffective." (Emphasis supplied)
In your situation, payment in court cannot be made since there was no incapacity on the part of the landlord's niece to receive the payment. This will just possibly lead to penalties, interests, or surcharges. You still have to hand your payment to the landlord's niece.