Art. 1249 – Payment of debts in money shall be made in currency.
Facts:
·
Eden Tan filed a suit for collection of a sum of money against the
Tibajia spouses.
·
The trial court issued a writ of attachment, and thereafter the Deputy
Sheriff filed a return stating that he had garnished a deposit made by the
Tibajia spouses.
·
Following the final judgment, Tan filed the corresponding motion for
execution and thereafter, the garnished funds were levied upon her.
·
The Tibajia spouses delivered to Deputy Sheriff the total money judgment
though check.
·
Tan refused to accept the payment made by the Tibajia spouses and
instead insisted that the garnished funds deposited with the cashier of the RTC
Pasig be withdrawn to satisfy the judgment obligation.
·
Petitioners filed a motion to lift the writ of execution on the ground
that the judgment debt had already been paid.
·
The trial court denied the motion because payment in cashier's check is
not payment in legal tender and that payment was made by a third party other
than the defendant.
Issue:
WoN
payment by means of
cashier's check is considered payment in legal tender as required by law.
Held:
No, the Court rules 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.
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.
In the case at bar, the
petitioner issued a cashier’s check which is not a legal tender as required by
law. The Court does not sanction the use of a check for the payment of
obligations over the objection of the creditor.
Thus,
the petition is DENIED.
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