Tibajia vs CA

Facts:
Petitioner delivered to the deputy sheriff the total amount of judgment in two separate mode of payment. One is in cash and the other is in cashier’s check. The Respondent refused to accept the said payment and instead insisted to garnish the funds deposited by the Petitioner in the RTC. The petitioner filed a writ to lift the execution on the deposited funds as the previous judgment was already paid. The RTC denied the writ as the mode of payment was made not in legal tender. The petitioner appeal the said decision to the CA which was subsequently denied, hence this case.

Issue:
Whether the Cashier’s Check issued by the Petitioner is a Legal Tender.

Held:
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.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: