- Petitioner
- Norberto Tibajia, Jr.
- Respondent
- The Honorable Court of Appeals
- Citation
- G.R. No. 100290
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Padilla, J.
- Decided
- June 4, 1993
Summary
The Tibajia spouses attempted to satisfy a final money judgment of over P300,000.00 in favor of Eden Tan by tendering payment through a BPI cashier's check worth P262,750.00 and cash of P135,733.70. Tan refused the payment, insisting on execution against previously garnished funds. The spouses argued that the cashier's check constituted legal tender. The Supreme Court denied their petition, affirming the lower courts' rulings that checks, including cashier's checks, are not legal tender under Philippine law. The Court applied Article 1249 of the Civil Code, RA 529, and the Central Bank Act, emphasizing that creditors may validly refuse payment by check as it lacks legal tender power, and acceptance remains at the creditor's option.