Torcuador vs BernabeMere sending of a letter by the vendee expressing the intention to pay without the accompanying payment is not considered a valid tender of payment.- consignation of the amount due in court is essential in order to extinguish the obligation to pay and oblige the vendor to convey title. (except: exercise of a right to repurchase- option contract, legal redemption, sale with right to repurchase)

B.E. San diego vs AlzulAbsent a valid consignation, a mere tender of payment is not enough to extinguish an obligation. Consignation is the act of depositing the thing due in court in case the creditor cannot or refuses to accept payment (Requisites Consignation)

Benos vs LawilaoCompliance of Tender of payment and consignation is mandatory (ex. All interested party must be notified)

Jespajo Realty Corp vs CAA provision in a contract that the lease period shall subsist for an indefinite period provided the lessee is up to date in the payment of his monthly rental is not contrary to Art 1308 of the Civil code. The stipulation does not make either the validity or fulfillment of the contract dependent upon the will of the party to whom is conceded the privilege of cancellation

The rationale for consignation is to avoid the performance of an obligationbecoming more onerous to the debtor by reason of causes not imputable to him

Llobera vs fernandezConsignation based on Art 1256 indispensably requires a creditor and debtor relationship.

Sering vs CAIn case respondent refuses to issue a receipt for payment alledgedly made, petitioner may consign her payment to the court in accordance with the civil code

Pabugais vs SahijawaniPayment in check by the debtor may be acceptable as valid if no prompt objection to said payment is made

The Creditors prayer in his answer that the amount consigned be awarded to him is equivalent to an acceptance of the consignation, hence, the debtor can no longer withdraw the amount consigned

Banco Filipinio vs DiazBefore the consignation has been acceopted by the creditor or juducially declared as properly made, the debtor is still the owner of the thing or amount deposited.

Loss of the Thing DueRamos vs SaraoConsignation has a retroactive effect and the payment is deemed to have been made at the time of the deposit of the thing in court or when it was placed at the disposal of the judicial authority

Naga vs CADoctrine of Unforeseen Events(rebus sic stantibus)..Parties stipulate in the light of certain prevailing CONDITIONS. Once the conditions ceased to exist the contract also cease to exist

Magat vs CAWhen the service has become so manifestly beyond the contemplation of the parties, the obligor may be released therefrom in whole or in part

Trans-Pacific Industrial vs CAThe presumption created by Art1271 is not conclusive but merely prima facie.

Where several originals are made out of a private document, the intentment of the law would thus be refer to the delivery only of the original rather than the duplicate of which the debtor normally retain

Biala vs CAWhen the existence of a debt is fully established by the evidence by the evidence, the burden of proving that it has been extinguished by payment devolves upon the debtor

ConfusionChittick vs CAExtinction of the obligation by merger in their persons of the character of creditor and debtor of the same obligation (heirs of respondent-creditor and heirs of petitioner-debtor)

Catolico vs DeudorAppeal merger of rights Benjamin and Emilia Lapuz