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.

Statutes applied

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By the Intellegal Editorial Board · June 4, 1993

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