Tibajia V CA

FACTS
Tibajia spouses delivered to Sheriff the total money judgment in cashiers check and
cash.Private respondent, Eden Tan, refused to accept the payment made by the Tibajia
spouses and instead insisted that the garnished funds deposited with the cashier of the
Regional Trial Court of Pasig, Metro Manila be withdrawn to satisfy the judgment obligation.
Tibajias 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 payment by means of cashiers check is considered payment in legal tender.
RULING
NO. A check, whether a managers 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. A check is not legal tender and that a creditor may validly refuse
payment by check, whether it be a managers, cashiers or personal check. The Supreme
Court stressed that, We are not, by this decision, sanctioning the use of a check for the
payment of obligations over the objection of the creditor.
lawphil.net
G.R. No. 100290

Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 100290 June 4, 1993
NORBERTO TIBAJIA, JR. and CARMEN TIBAJIA, petitioners,
vs.
THE HONORABLE COURT OF APPEALS and EDEN TAN, respondents.
PADILLA, J.:
Petitioners, spouses Norberto Tibajia, Jr. and Carmen Tibajia, are before this Court assailing
the decision * of respondent appellate court dated 24 April 1991 in CA-G.R. SP No. 24164
denying their petition for certiorari prohibition, and injunction which sought to annul the
order of Judge Eutropio Migrio of the Regional Trial Court, Branch 151, Pasig, Metro
Manila in Civil Case No. 54863 entitled "Eden Tan vs. Sps. Norberto and Carmen Tibajia."
Stated briefly, the relevant facts are as follows:
Case No. 54863 was a suit for collection of a sum of money filed by Eden Tan against the
Tibajia spouses. A writ of attachment was issued by the trial court on 17 August 1987 and on
17 September 1987, the Deputy Sheriff filed a return stating that a deposit made by the
Tibajia spouses in the Regional Trial Court of Kalookan City in the amount of Four Hundred
Forty Two Thousand Seven Hundred and Fifty Pesos (P442,750.00) in another case, had been
garnished by him. On 10 March 1988, the Regional Trial Court, Branch 151 of Pasig, Metro
Manila rendered its decision in Civil Case No. 54863 in favor of the plaintiff Eden Tan,
ordering the Tibajia spouses to pay her an amount in excess of Three Hundred Thousand
Pesos (P300,000.00). On appeal, the Court of Appeals modified the decision by reducing the
award of moral and exemplary damages. The decision having become final, Eden Tan filed
the corresponding motion for execution and thereafter, the garnished funds which by then
were on deposit with the cashier of the Regional Trial Court of Pasig, Metro Manila, were
levied upon.
On 14 December 1990, the Tibajia spouses delivered to Deputy Sheriff Eduardo Bolima the
total money judgment in the following form:
Cashier's Check P262,750.00
Cash 135,733.70
Total P398,483.70
Private respondent, Eden Tan, refused to accept the payment made by the Tibajia spouses and
instead insisted that the garnished funds deposited with the cashier of the Regional Trial
Court of Pasig, Metro Manila be withdrawn to satisfy the judgment obligation. On 15 January
1991, defendant spouses (petitioners) filed a motion to lift the writ of execution on the ground
that the judgment debt had already been paid. On 29 January 1991, the motion was denied by
the trial court on the ground that payment in cashier's check is not payment in legal tender
and that payment was made by a third party other than the defendant. A motion for
reconsideration was denied on 8 February 1991. Thereafter, the spouses Tibajia filed a
petition for certiorari, prohibition and injunction in the Court of Appeals. The appellate court
dismissed the petition on 24 April 1991 holding that payment by cashier's check is not
payment in legal tender as required by Republic Act No. 529. The motion for reconsideration
was denied on 27 May 1991.
In this petition for review, the Tibajia spouses raise the following issues:
I WHETHER OR NOT THE BPI CASHIER'S CHECK NO. 014021
IN THE AMOUNT OF P262,750.00 TENDERED BY PETITIONERS
FOR PAYMENT OF THE JUDGMENT DEBT, IS "LEGAL
TENDER".
II WHETHER OR NOT THE PRIVATE RESPONDENT MAY
VALIDLY REFUSE THE TENDER OF PAYMENT PARTLY IN
CHECK AND PARTLY IN CASH MADE BY PETITIONERS, THRU

AURORA VITO AND COUNSEL, FOR THE SATISFACTION OF
THE MONETARY OBLIGATION OF PETITIONERS-SPOUSES. 1
The only issue to be resolved in this case is whether or not payment by means of check (even
by cashier's check) is considered payment in legal tender as required by the Civil Code,
Republic Act No. 529, and the Central Bank Act.
It is contended by the petitioners that the check, which was a cashier's check of the Bank of
the Philippine Islands, undoubtedly a bank of good standing and reputation, and which was a
crossed check marked "For Payee's Account Only" and payable to private respondent Eden
Tan, is considered legal tender, payment with which operates to discharge their monetary
obligation. 2 Petitioners, to support their contention, cite the case of New Pacific Timber and
Supply Co., Inc. v. Seeris 3 where this Court held through Mr. Justice Hermogenes
Concepcion, Jr. that "It is a well-known and accepted practice in the business sector that a
cashier's check is deemed as cash".
The provisions of law applicable to the case at bar are the following:
a. Article 1249 of the Civil Code which provides:
Art. 1249. The payment of debts in money shall be made in the
currency stipulated, and if it is not possible to deliver such currency,
then in the currency which is legal tender in the Philippines.
The delivery of promissory notes payable to order, or bills of exchange
or other mercantile documents shall produce the effect of payment only
when they have been cashed, or when through the fault of the creditor
they have been impaired.
In the meantime, the action derived from the original obligation shall
be held in abeyance.;
b. Section 1 of Republic Act No. 529, as amended, which provides:
Sec. 1. Every provision contained in, or made with respect to, any
obligation which purports to give the obligee the right to require
payment in gold or in any particular kind of coin or currency other than
Philippine currency or in an amount of money of the Philippines
measured thereby, shall be as it is hereby declared against public policy
null and void, and of no effect, and no such provision shall be
contained in, or made with respect to, any obligation thereafter
incurred. Every obligation heretofore and hereafter incurred, whether
or not any such provision as to payment is contained therein or made
with respect thereto, shall be discharged upon payment in any coin or
currency which at the time of payment is legal tender for public and
private debts.
c. Section 63 of Republic Act No. 265, as amended (Central Bank Act) which provides:
Sec. 63. Legal character Checks representing deposit money do not

have legal tender power and their acceptance in the payment of debts,
both public and private, is at the option of the creditor: Provided,
however, that a check which has been cleared and credited to the
account of the creditor shall be equivalent to a delivery to the creditor
of cash in an amount equal to the amount credited to his account.
From the aforequoted provisions of law, it is clear that this petition must fail.
In the recent cases of Philippine Airlines, Inc. vs. Court of Appeals 4 and Roman Catholic
Bishop of Malolos, Inc. vs. Intermediate Appellate Court, 5 this Court held that
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.
The ruling in these two (2) cases merely applies the statutory provisions which lay down the
rule that a check is not legal tender and that a creditor may validly refuse payment by check,
whether it be a manager's, cashier's or personal check.
Petitioners erroneously rely on one of the dissenting opinions in the Philippine Airlines case 6
to support their cause. The dissenting opinion however does not in any way support the
contention that a check is legal tender but, on the contrary, states that "If the PAL checks in
question had not been encashed by Sheriff Reyes, there would be no payment by PAL and,
consequently, no discharge or satisfaction of its judgment obligation." 7 Moreover, the
circumstances in the Philippine Airlines case are quite different from those in the case at bar
for in that case the checks issued by the judgment debtor were made payable to the sheriff,
Emilio Z. Reyes, who encashed the checks but failed to deliver the proceeds of said
encashment to the judgment creditor.
In the more recent case of Fortunado vs. Court of Appeals, 8 this Court stressed that, "We are
not, by this decision, sanctioning the use of a check for the payment of obligations over the
objection of the creditor."
WHEREFORE, the petition is DENIED. The appealed decision is hereby AFFIRMED, with
costs against the petitioners.
SO ORDERED.
Narvasa, C.J., Regalado and Nocon, JJ., concur.
# Footnotes
* Penned by Justice Consuelo Ynares Santiago with the concurrence of
Justices Nicolas P. Lapea, Jr. and Cancio C. Garcia.
1 Rollo, p. 11.
2 Rollo, p. 54.
3 G.R. No. L-41764, 19 December 1980, 101 SCRA 686.

4 G.R. No. 49188, 30 January 1990, 181 SCRA 557.
5 G.R. No. 72110, 16 November 1990, 191 SCRA 411.
6 Supra, Dissenting Opinion of Padilla, J., pp. 580-582.
7 Supra, pp. 581-582.
8 G.R. No. 78556, 25 April 1991, 196 SCRA 269.
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FACTS

G.R. No. 100290

CHECK AND PARTLY IN CASH MADE BY PETITIONERS, THRU

Sec. 63. Legal character Checks representing deposit money do not

3 G.R. No. L-41764, 19 December 1980, 101 SCRA 686.

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