Norberto Tibajia Jr. amd Carmen Tibajia v. Court of Appeals and Eden Tan G.R. No. 100290; June 4, 1993
Facts: Eden Tan acquired a favorable judgment against spouses Tibajia in a collection suit. To satisfy the judgment debt, the spouses Tibajia delivered cash and cashier's check to the Deputy Sheriff. Eden Tan refused to accept the payment made by the spouses Tibajia. She insisted that the garnished funds be deposited with the cashier of the RTC to be withdrawn as satisfaction of the judgment debt. The spouses Tibajia filed a motion to lift the execution order on the ground that they had already paid the judgment debt. Their motion was denied by the RTC on the ground thjat the check is not a payment in legal tender. The CA affirmed the RTC's decision. Hence, this petition for review. Issue: Whether or not payment by means of a check is considered as payment in legal tender as required by the Civil Code and the Central Bank Act Held: No. A check, whether a manager's check or an ordinary check, is not a legal tender and an offer of a check in payment of a debt is...