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    Tibajia, Jr. v. CA, G.R. No. 100290, 4 June 1993

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    Jessamine Orioque
    The Tibajia spouses attempted to pay a money judgment against them to the sheriff using a cashier's check and cash, but the private respondent refused to accept this form of payment and insisted that the funds be withdrawn from where they were deposited with the court. The Tibajias filed a motion to lift the writ of execution, arguing the debt was paid, but it was denied. The Supreme Court ruled that a cashier's check is not considered legal tender for payment of a debt and a creditor can refuse to accept it as payment over the debtor's objection.

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    Tibajia, Jr. v. CA, G.R. No. 100290, 4 June 1993

    Uploaded by

    Jessamine Orioque
    33 views1 page
    The Tibajia spouses attempted to pay a money judgment against them to the sheriff using a cashier's check and cash, but the private respondent refused to accept this form of payment and insisted that the funds be withdrawn from where they were deposited with the court. The Tibajias filed a motion to lift the writ of execution, arguing the debt was paid, but it was denied. The Supreme Court ruled that a cashier's check is not considered legal tender for payment of a debt and a creditor can refuse to accept it as payment over the debtor's objection.

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    The Tibajia spouses attempted to pay a money judgment against them to the sheriff using a cashier's check and cash, but the private respondent refused to accept this form of payment and insisted that the funds be withdrawn from where they were deposited with the court. The Tibajias filed a motion to lift the writ of execution, arguing the debt was paid, but it was denied. The Supreme Court ruled that a cashier's check is not considered legal tender for payment of a debt and a creditor can refuse to accept it as payment over the debtor's objection.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    33 views1 page

    Tibajia, Jr. v. CA, G.R. No. 100290, 4 June 1993

    Uploaded by

    Jessamine Orioque
    The Tibajia spouses attempted to pay a money judgment against them to the sheriff using a cashier's check and cash, but the private respondent refused to accept this form of payment and insisted that the funds be withdrawn from where they were deposited with the court. The Tibajias filed a motion to lift the writ of execution, arguing the debt was paid, but it was denied. The Supreme Court ruled that a cashier's check is not considered legal tender for payment of a debt and a creditor can refuse to accept it as payment over the debtor's objection.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Tibajia, Jr. v. CA, G.R. No.

    100290, 4 June 1993

    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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