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  • Tibajia Vs CA

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    Stefanie Rocha
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    A suit was filed against Tibajia spouses to collect a debt. The lower court ruled in favor of Eden Tan. Tibajia spouses attempted to pay the judgment with a cashier's check and cash, which Eden Tan refused to accept. The Supreme Court held that a cashier's check is not considered legal tender under the law and can be refused by the obligee or creditor as payment of a debt. A check of any kind does not constitute valid tender of payment.

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    A suit was filed against Tibajia spouses to collect a debt. The lower court ruled in favor of Eden Tan. Tibajia spouses attempted to pay the judgment with a cashier's check and cash, which Eden Tan refused to accept. The Supreme Court held that a cashier's check is not considered legal tender under the law and can be refused by the obligee or creditor as payment of a debt. A check of any kind does not constitute valid tender of payment.

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    4 views1 page

    Tibajia Vs CA

    Uploaded by

    Stefanie Rocha
    A suit was filed against Tibajia spouses to collect a debt. The lower court ruled in favor of Eden Tan. Tibajia spouses attempted to pay the judgment with a cashier's check and cash, which Eden Tan refused to accept. The Supreme Court held that a cashier's check is not considered legal tender under the law and can be refused by the obligee or creditor as payment of a debt. A check of any kind does not constitute valid tender of payment.

    Copyright:

    © All Rights Reserved
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    Tibajia vs CA (223 SCRA 163)

    6/2/2021

    0 COMMENTS
     

    Tibajia vs CA (223 SCRA 163)

    Facts:
    A suit for a collection of a sum of money was filed against the petitioner, Tibajia
    spouses by Eden Tan to whom a favorable decision was rendered by the lower
    court. The Tibajia espouses delivered to the deputy sheriff the total money
    judgment in cashier’s check and cash which Eden Tan refused to accept as
    payment.

    Issue:
    Whether or not the cashier’s check tendered by petitioners for payment of the
    judgment debt is “legal tender.”

    Held:
    No. A check whether a manager’s check or ordinary check is not legal tender. 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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