Tibajia v CA; G.R. No. 100290; 04 Jun 1993; 223 SCRA 163

in Legal Chyme by

FACTS:
Petitioners were ordered by the trial court to pay private respondent in connection with the civil suit the latter filed against them. They delivered the total money judgement to the Deputy Sheriff. Private respondent refused to accept the proffered payment, insisting that she be paid from petitioner’s garnished funds deposited with the cashier of the trial court.

ISSUE(S):
Whether or not payment by means of cashier’s check is considered payment in legal tender.

HELD:
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.

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