Case Digest (G.R. No. 168118)
Facts:
In Norberto Tibajia, Jr. and Carmen Tibajia vs. The Honorable Court of Appeals and Eden Tan (G.R. No. 100290, decided June 4, 1993 under the 1987 Constitution), petitioners spouses Norberto Tibajia, Jr. and Carmen Tibajia challenged the decision of the Court of Appeals in CA-G.R. SP No. 24164. The underlying case (Civil Case No. 54863) was a collection suit filed by private respondent Eden Tan against the Tibajias in the Regional Trial Court (RTC), Branch 151, Pasig. On August 17, 1987, the RTC issued a writ of attachment, and on September 17, 1987, the deputy sheriff garnished the spouses’ P442,750 deposit in the RTC of Kalookan City. On March 10, 1988, Branch 151 rendered a decision ordering the Tibajias to pay more than P300,000. On appeal, the Court of Appeals reduced moral and exemplary damages, and that decision became final. Upon motion for execution, the garnished funds on deposit with the RTC of Pasig were levied. On December 14, 1990, the Tibajias tendered payment by dCase Digest (G.R. No. 168118)
Facts:
- Parties and Case Origin
- Petitioners: Spouses Norberto Tibajia, Jr. and Carmen Tibajia.
- Private respondent: Eden Tan. Civil Case No. 54863 for collection of sum of money filed by Tan in RTC, Branch 151, Pasig.
- Attachment and Trial Court Proceedings
- Writ of attachment issued 17 August 1987; Deputy Sheriff garnished P442,750 deposit by petitioners in RTC Kalookan on 17 September 1987.
- RTC decision of 10 March 1988 awarded Eden Tan in excess of P300,000.
- Appellate Proceedings
- On appeal, the Court of Appeals reduced moral and exemplary damages; decision became final.
- Eden Tan moved for execution; garnished funds on deposit in RTC Pasig cashier were levied upon.
- Tender of Payment and Subsequent Motions
- On 14 December 1990, petitioners tendered payment via:
- BPI Cashier’s Check No. 014021 for P262,750.00
- Cash amounting to P135,733.70
- Eden Tan refused to accept the cashier’s check, insisting instead on withdrawal of garnished funds.
- Petitioners filed a motion to lift the writ of execution on 15 January 1991, asserting full payment. RTC denied it on 29 January 1991 (reconsideration denied 8 February 1991) on grounds that cashier’s checks are not legal tender and payment by a third party is invalid.
- Petition in the Court of Appeals
- Petitioners filed for certiorari, prohibition, and injunction in CA (CA-G.R. SP No. 24164).
- CA dismissed the petition on 24 April 1991; motion for reconsideration denied on 27 May 1991.
Issues:
- Whether the BPI Cashier’s Check No. 014021 in the amount of P262,750.00 constitutes “legal tender” under Philippine law.
- Whether Eden Tan may validly refuse a tender of payment made partly by cashier’s check and partly in cash for satisfaction of the monetary judgment.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)