Consignation

Petition for the Issuance of a Writ

of Possession
Petition for Mandamus

FAITHMAE S. GAMBE
IV - ARELLANO
 Consignation
NCC
Article 1256-1261
Obligation and Contracts
 Consignation
It is the act of depositing
the thing due with the court
or judicial authorities
whenever the creditor
cannot accept or refuses to
accept payment.
Consignation is sufficient even without
a prior tender of payment when:
 The creditor is absent or
unknown or does not
appear at the place of
payment;
 He is incapacitated to
receive the payment at the
time it is due;
Consignation is sufficient even without
a prior tender of payment when:

 Without just cause, he

refuses to give a receipt;
 Two or more persons claim
the same right to collect; and
 When the title of the
obligation has been lost.
 Consignation
Requisites:
 Existence of a valid debt
 Prior valid tender of payment
 Prior notice of consignation
 Actual consignation
 Subsequent notice of
consignation
 Consignation
Parts:
Caption and Title
Body
Prayer/Relief
Verification
Petition for the Issuance
of a Writ of Possession
Sec. 7
Act No. 3135
as amended by
Act No. 4118
Petition for the Issuance
of a Writ of Possession

Employed to enforce
judgment to recover
possession of the land.
Petition for the Issuance of a Writ of
Possession
Requisites:
 Petition for Writ of Possession
 Real Estate Mortgage
Agreement
 Certificate of Sale
 Affidavit of Consolidation of
Ownership
Petition for the Issuance of a Writ of
Possession
Requisites:
 New Transfer Certificate of Title
in the name of the mortgagee

 Demand Letter to turn-over

possession of the subject
property to the mortgagee
Petition for the Issuance of a Writ of
Possession

Parts:
Caption and Title
Body
Relief/ Prayer
Verification
Petition for Mandamus
A remedy in cases where any
tribunal, corporation, board,
officer or any person unlawfully
neglects the performance of an
act which the law specifically
enjoins as a duty resulting from
an office, trust or station.
Petition for Mandamus
It compels a judge to issue a
Writ of Execution when the
judgment had already
become final and executory
and the prevailing party is
entitled to the same as a
matter of right.
Petition for Mandamus
The duty must not only be
ministerial but also be a duty
enjoined by law, a duty
which the tribunal or person
unlawfully neglects to
perform.
 Petition for Mandamus
Requisites:

 Petitioner must show a

clear legal right to the act
demanded; thus, it will not
be issued in doubtful
cases;
 Petition for Mandamus
Requisites:

 Respondent must have the

duty to perform the act
because the same is
mandated by law;
 Petition for Mandamus
Requisites:
 Respondent unlawfully
neglects the performance
of the duty enjoined by law;
 The act to be performed is
ministerial, not
discretionary and
 Petition for Mandamus
Requisites:

 There is no other plain,

speedy and adequate
remedy in the ordinary
course of law.
Petition for Mandamus
Parts:
Caption and Title
Body
Prayer/Relief
Verification