SPOUSES TIBAJIA vs.

COURT OF APPEALS and EDEN TAN

G. R. No. 100290

Facts:

A suit of collection of sum of money was filed by Eden Tan

against the spouses. A writ of attachment was issued, the Deputy
Sheriff filed a return stating that a deposit made by Tibajia in the
amount of P442,750 in another case, had been garnished by him.
RTC ruled in favor of Eden Tan and ordered the spouses to pay her
an amount in excess of P3,000,000. Court of Appeals modified the
decision by reducing the amount for damages. Tibajia Spouses
delivered to Sheriff Bolima the total money judgment of
P398,483.70. Tan refused to accept the payment and insisted that
the garnished funds be withdrawn to satisfy the judgment obligation.

Issue:
Whether or not payment by means of check is considered
payment in legal tender

Decision:

The ruling 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 check,
cashier’s or personal check. The decision of the court of Appeals is
affirmed.