Tibajia vs CA (223 SCRA 163)

Tibajia vs CA (223 SCRA 163)

Facts:
A suit for a collection of a sum of money was filed against the petitioner, Tibajia spouses by Eden Tan to whom a favorable decision was rendered by the lower court. The Tibajia espouses delivered to the deputy sheriff the total money judgment in cashier’s check and cash which Eden Tan refused to accept as payment.

Issue:
Whether or not the cashier’s check tendered by petitioners for payment of the judgment debt is “legal tender.”

​Held:
No. A check whether a manager’s check or ordinary check is not legal tender. 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.