Belisario v.

Natividad

FACTS
It appears from Exhibit A that the plaintiff sold the lands (Nos. 3357 and 3358) to the defendant
fo  P37,000, which was duly paid, and the agreement on the part of the grantee to assume an
indebtedness secured by a lien for 4, 500, which was likewise duly paid. The deed bears the date
of April 29, 1927.
On the same date the defendant executed and delivered in favor of the plaintiff an option to
repurchase the lands on or before the end of May, 1931, for the sum of P37,000.
On the 28th of May, 1931, the plaintiff tendered to the defendant a check in the sum of P37,000,
drawn by Rosendo Santiago against his account in the Peoples Bank and Trust Company.
ISSUE
Whether or not the checks made would produce the effect of payment.
HELD
At the time said check was tendered to the defendant the drawer thereof had on deposit in the
said bank subject to check the sum of P5.85. Even if the check had been good, the defendant was
not legally bound to accept it because such a check does not satisfy the requirements of a legal
tender.
Finding no merit in this appeal, the judgment of the court below is affirmed with costs against
the appellant.