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Title: Topic:
Sotto v. Mijares Extinguishment of Obligations
Date: May 8, 1969
Ponente: Makalintal
Nature of the Case: Certiorari with prayer for preliminary mandatory injunction
Respondent: HERNANI MIJARES et al.
Contract between the school and the student is not an ordinary contract; it is imbued with public interest, considering the high priority given by the Constitution to education
and the grant to the State of supervisory and regulatory powers over all educational institutions
Relevant Provisions:
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.
• Appeal taken by defendants from order of CFI-Negros Occidental which requires them to deposit with Clerk of Court P5,106 within 10 days from receipt of order
• Nov 13, 1962 - Plaintiff filed “Motion for Deposit”
2. Balance indebtedness of defendants in favor of plaintiff is P5,106.00 only
3. According to defendants, claim of P5,106.00 is admitted, with defendants further alleging they have offered amount to plaintiff who refused to receive
4. In view of admission of defendants and in order to limit other controversial issue, amount of P5,106.00 to be deposited in Office of Clerk of Court or to deliver to plaintiff
and/or her counsel
• Nov 23, 1962 – defendants signified their willingness to deposit amount provided complaint be dismissed and they be absolved of all other liabilities
• Nov. 26 – LOWER COURT issued order
o Defendants admitted plaintiff’s claim of P5,106 à ordered to deposit amount to Clerk of Court pending final termination of case
• Nov. 28 – plaintiff motion for partial judgment on amount of P5,106 modifying previous request for judicial deposit, which had already been granted
• Defendants moved to reconsider Nov 26 order – they failed to allege that sum was secured by real estate mortgage
o Willing to deposit amount upon condition that plaintiff will cancel mortgage and be ordered to return to defendants Pontevedra and Hinigaran Cadastre lots
• March 20, 1963 – LOWER COURT resoled both motions, denying them and reiterating previous order (upon which present appeal has been taken)
• No showing as to outcome of main case for foreclosure of mortgage
Issue 1: Ratio:
W/N defendants can be compelled to make the deposit Defendants admit their indebtedness, only in the sum of P5,106.00
without the condition they asked – NO • Willing to deposit amount in court, subject to condition that mortgage executed as security be cancelled
• W/N to deposit at all amount of indebtedness or to do so under certain conditions is exclusively debtor’s right
• If he refuses, he may not be compelled and creditor must turn to proper coercive processes provided by law
(attachment, judgment, execution)
• Right to deposit in nature of consignation belongs solely to debtor and he may not be compelled to do so
• Consignation is a facultative remedy which a debtor may or may not avail of. If made by debtor, obligation is
ordered cancelled
• Debtor also has right to refuse to deposit in the first place
• For court to compel him to deposit is a grave abuse of discretion amounting to excess of jurisdiction
Dispositive Portion:
“The order appealed from is set aside, without pronouncement as to costs.”

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