TIBAJIA vs CA - G.R. No. 100290

NORBERTO TIBAJIA, JR. and CARMEN TIBAJIA vs. CA and EDEN TAN

G.R. No. 100290          June 4, 1993

A suit for collection of sum of money was ruled in favor of Eden Tan and against the spouses Norberto Jr. and Carmen Tibajia. After the decision was made final, Tan filed a motion for execution and levied upon the garnished funds which were deposited by the spouses with the cashier of the Regional Trial Court of Pasig. The spouses, however, delivered to the deputy sheriff the total money judgment in the form of Cashier’s Check (P262,750) and Cash (P135,733.70). Tan refused the payment and insisted upon the garnished funds to satisfy the judgment obligation. The spouses 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 the spouses have satisfied the judgment obligation after the delivery of the cashier’s check

and cash to the deputy sheriff.

HELD: 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

(Philippine Airlines vs. Court of Appeals; Roman Catholic Bishop of Malolos vs. Intermediate Appellate

Court). The court is not, by decision, sanctioning the use of a check for the payment of obligations over the objection of the creditor (Fortunado vs. Court of Appeals).