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Tibajia Jr. v. Court of Appeals [G.R. No. 100290. June 4, 1993]

24 Mar

FACTS

Tibajia spouses delivered to Sheriff the total money judgment in cashier’s check and cash.Private respondent, Eden Tan, refused to accept the payment made by the Tibajia spouses and instead insisted that the garnished funds deposited with the cashier of the Regional Trial Court of Pasig, Metro Manila be withdrawn to satisfy the judgment obligation. Tibajias filed a motion to lift the writ of execution on the ground that the judgment debt had already been paid. The motion was denied.

ISSUE

Whether or not payment by means of cashier’s check is considered payment in legal tender.

RULING

NO. A check, whether a manager’s check or ordinary check, is not legal tender, and an offer of a check in payment of a debt is not a valid tender of payment and may be refused receipt by the obligee or creditor. A check is not legal tender and that a creditor may validly refuse payment by check, whether it be a manager’s, cashier’s or personal check. The Supreme Court stressed that, “We are not, by this decision, sanctioning the use of a check for the payment of obligations over the objection of the creditor.”

 

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