Professional Documents
Culture Documents
Negotiable Instruments Law
Negotiable Instruments Law
Negotiable
Instruments Law (Act
No. 2031)
Chapter I.
INTRODUCTION
1. The Negotiable Instrument
Non-negotiable
Does not contain all the
requisites of Sec. 1 of
the NIL
Transferred
by
assignment
Transferee
acquires
rights
only
of
his
transferor
Prior parties merely
warrant legality of title
Transferee has no right
of recourse
3.
Life
of
Instrument
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Negotiable
issue
negotiation
presentment for acceptance in certain bills
acceptance
dishonor by or acceptance
presentment for payment
dishonor by nonpayment
notice of dishonor
protest in certain cases
discharge
4.
Kinds
Instruments
of
Negotiable
- a promise to pay
Bill of Exchange
Unconditional order
Involves 3 parties
Drawer only secondarily
liable
Generally
2
for payment
presentments
acceptance
and
payment
for
for
5. Parties
5.1. As regards promissory note:
1.
2.
Promissor/maker
Payee - person to whom the promise to
pay is made.
Chapter II.
NEGOTIABILITY
1 Requisites of Negotiability1
1.1. Must be in Writing and Signed by
the Maker
1.
2.
3.
4.
5.
UNCONDITIONAL: Mere
indication of the particular fund
out of which reimbursement is
to be made, or an indication of
a particular account to be
debited with the amount
ii. A statement of the transaction which
gives rise to the instrument.
UNCONDITIONAL:
Mere
recital of the transaction or
consideration for which the
instrument was issued
CONDITIONAL:
when
reference to the fund clearly
indicates an intention that such
fund alone should be the source
of payment
2.
3.
2.
at a fixed time
o
Only on the stipulated date, and not
before, may the holder demand its
payment.
o
Should he fail to demand payment, the
instrument
becomes
overdue
but
remains valid and negotiable.
It is
merely
converted
to
a
demand
instrument.
3.
3.
4.
5.
1.
Purpose:
Informing the holder of the
instrument of the date when he may
enforce payment thereof.
An instrument may be payable:
on demand (Sec. 7. NIL)
1.) Expressed to be payable on demand,
or at sight, or on presentation;
Determinable
future
time,
if
expressed to be payable (Sec. 4, NIL):
4.
5.
CALTEX v. CA (1992)
b.
a.
If
instrument
addressed
to
drawee, he must be named or
indicated
with
reasonable
certainty.
If it is not clear in what capacity the person
signed, said person is considered an
indorser
4.
Rules
(Sec.17)
A.
B.
1.
2.
C.
3.
4.
D.
E.
F.
G.
of
Construction
Chapter III.
TRANSFER
1. Delivery and Issuance
A.
B.
2.
C.
D.
E.
F.
as
to
manner
of
future
negotiation(Sec. 35, NIL):
a.
GEMPESAW v CA (1993)
b.
2. Negotiation
3. Indorsement
2.
method
of
a.
b.
3.
b.
c.
2.
3.
b.
4.
b.
5.
unconditional
other classifications:
5.
6.
Presumption as to Indorsement
o Time (Sec.45, NIL) - Every negotiation
deemed prima facie effected before
instrument was overdue, except where
indorsement bears date after maturity of
the instrument.
o Place (Sec.46, NIL) - Every indorsement
is presumed prima facie made at place
where instrument is dated
o Where instrument drawn or indorsed to
person as cashier (Sec.42, NIL) - deemed
prima facie to be payable to the bank or
corporation of which he is such officer;
may
be
negotiated
by
either
the
indorsement (1) of the bank or corporation
or (2) of the officer.
7.
8.
Chapter IV.
HOLDER IN DUE COURSE
1. Holder (Sec. 191)
c.
3. Requisites to become a
holder in due course (Sec.52)3
SALAS v. CA (1990)
The indorsee was a HDC, having taken the instrument
under the following conditions: (1) it is complete and
regular upon its face; (2) it became the holder
thereof before it was overdue; (3) it took the same in
good faith and for value; and (4) when it was
negotiated to the indorsee, the latter had no notice of
any infirmity in the instrument or defect in the title of
the previous indorser.
HDC is one who has taken the instrument under the
following conditions:
COMPLETE
o
An instrument is complete if it contains
all the requisites for making it a
negotiable one, even if it may have
blanks as to non-essentials.
o
It is incomplete when it is wanting in
any material particular or particular
i.
3.
Material Particulars
o
What are material particulars? A
change in the ff. is considered a
material alteration (Sec. 125, NIL):
i.
The date;
ii. The sum payable, either for
principal or interest;
iii. The time or place of payment;
iv. The number or the relations of the
parties;
v. The medium or currency in which
payment is to be made;
vi. Or which adds a place of payment
where no place of payment is
specified,
OVERDUE
a. The ff. cannot be HDCs: (Sec. 53,
NIL)
i.
A holder who became such after
the date of maturity of the
instrument
(instrument
is
overdue);
ii. In case of demand instruments, a
holder who negotiates it after an
unreasonable length of time after
its issue
b. Instruments with fixed maturity but
subject to acceleration: ultimate date
of maturity is the date of maturity for
the purpose of determining whether a
purchaser is a HDC
c. Undated instruments: Prima facie
presumption that it was negotiated
before it was overdue (Sec 45)
d. NOTE: An overdue instrument is still
negotiable, but it is subject to the
defense existing at the time of the
transfer.
2.
DISHONOR
a. Non-acceptance
i.
Occurs when drawee refuses
accept the order of the drawer
stated in the bill
ii. Applicable
only
to
bills
exchange
iii. May occur before the date
maturity of the bill
b. Non-payment
to
as
of
of
3.
antecedent
or
pre-existing
debt
constitutes
value,
whether
the
instrument is payable on demand or at
a future time. (Sec.25, NIL)
i.
ii.
2.
GOOD FAITH
a. Holder
must
have
taken
the
instrument in good faith and that at
the time it was negotiated to him he
had no notice of any infirmity in the
instrument or defect in the title of the
person negotiating it.
b. NOT a Holder in GOOD FAITH
i.
Holder acted in bad faith
ii.
Holder had NOTICE OF DEFECT
1) ACTUAL KNOWLEDGE
SEC
56.
WHAT
CONSTITUTES
2)
NOTICE OF DEFECT
To constitute notice of
an infirmity in the
instrument or defect in
the title of the person
negotiating the same,
the person to whom it
is
negotiated
must
have
had
actual
knowledge
of
the
infirmity or defect, or
knowledge
of
such
facts that his action in
taking the instrument
amounted to bad faith.
It
is
therefore
sufficient
that
the
buyer of a note had
notice or knowledge
that the note was in
some way tainted with
fraud.
It
is
not
necessary
that
he
should
know
the
particulars
of
the
fraud.
SUSPICIOUS
CIRCUMSTANCES
a. BAD FAITH - does
not
require
actual
knowledge
of
the
exact fraud that was
practiced; knowledge
that
there
was
something
wrong
about the assignors
acquisition of title is
sufficient.
b. The burden is upon the
defendant
to
show
that
notwithstanding
the
SUSPICIOUS
CIRCUMSTANCES,
it
acquired the check in
actual good faith. (De
Ocampo & Co. v.
Gatchalian)
o
Purchase
of
an
instrument
at
a
DISCOUNT does not,
of itself, constitute bad
faith. However, if the
instrument
is
pruchased at a heavy
discount,
this
fact
together with other
facts, may be taken
into
account
in
deciding the issue of
purchase in good faith.
(Ham v. Meritt)
2)
3)
4)
1.
YANG v. CA (2003)
in accepting the cross checks and paying cash for
them, despite the warning of the crossing, the
subsequent holder could not be considered in good
faith and thus, not a holder in due course.
iii.
FINANCING COMPANY
1) Consolidated Plywood v.
IFC:
A
FINANCING
COMPANY that is the
indorsee of a note issued
by a buyer payable to the
seller of goods is NOT a
holder in good faith as
to the buyer. In case the
goods sold turn out to be
defective,
it
cannot
recover
the
purchase
price of the goods from
the buyer.
2.
Just as a purchaser of a
negotiable instrument is
not put on inquiry, neither
is he charged with notice of
defenses
or
equities
disclosed by public records,
nor is he affected by the
doctrine of lis pendens.
However, notice to an
agent
is
chargeable
against the principal.
ii.
Notice of an ACCOMODATION
PARTY is not notice of a defect.
Thus, an accomodation
party (one who has
signed the instrument as
maker, drawer, acceptor
or
endorser,
without
receiveing value therefor,
and for the purpose of
lending his name to some
other person) is liable on
the
instrument,
notwithstanding the fact
that the holder knew him
to be an accomodation
party.
d. RIGHT of a transferee who receives
NOTICE of any infirmity or defect
BEFORE he has PAID THE FULL
amount for the instrument
i.
He will be deemed a HDC only to
the
extent
of
the
amount
therefore paid by him (Sec.54,
NIL)
4.
Effect
of
Conditional
and
Indorsements
A.
B.
C.
Qualified,
Restrictive
6. Rights of Holder in
Course
Due
3.
4.
5.
6.2. JUR:
6.3. DISADVANTAGE
NON HDC:
o
of being
5.
Who
is
Deemed
HDC
(burden of proof) (Sec.59)
A.
B.
C.
7.2. Exception:
4
Suggested Mnemonics: REFS: Receive and Enforce
payment, Free from any defect of title and defenses,
Sue
B.
2. Real Defenses
2.1.
2.2.
Incomplete,
Instrument
1.
2.
Undelivered
3. Personal Defenses
Chapter V.
DEFENSES & EQUITIES
3.1.
Complete,
Instrument
1. Defenses in General
1.1. REAL defense attaches to
instrument on the principle that there was no
contract at all; available against ALL holders
including holders in due course. They are those
which attach to the instrument itself and
generally, disclose an absence of one of the
essential elements of a contract.
1.2. PERSONAL defense grows out of
the agreement or conduct of a particular person
in regard to the instrument which renders it
inequitable FOR HIM, though holding the legal
title, to enforce it against the party sought to
be made liable; not available against a HDC.can
be raised only against holders not on due
course. Here, the true contract appears , but
for some reason , the defendant is excused
from the obligation to perform.
1.3.
Equities
or
Claims
Ownership are of 2 Kinds
1.
2.
of
Undelivered
a.
b.
4.
5.
6.
7.
3.5. Duress
1. In general, PERSONAL defense.
2. REAL if duress so serious as to give
rise to a real defense for lack of
contractual intent
3. CAMPOS: There may be cases where
the duress employed is so serious that it
will give rise to a real defense because
of the lack of contractual intent .
Although the signer may know what he
is signing, there may be wanting the
intent or willingness to be bound. Then
it becomes a real defense.
made without
authority of person whose signature it purports to
be
1.
c.
3.4. Illegality
1. In general, a PERSONAL defense even if
CC1409 provides that a contract with an
illegal cause is void.
2.
a.
b.
2)
3.
iii.
Effect
Of
Negligence
Of
Depositor - If proximate cause
of loss, the bank (drawee) is
not liable
1)
2)
ILUSORIO vs CA (2002)
True, it is a rule that when a signature is forged or
made without the authority of the person whose
signature it purports to be, the check is wholly
inoperative.
However, the rule does provide for an exception,
namely: unless the party against whom it is
Indorsement:
i.
When it is the signature of
the indorser that is forged,
the drawee and drawer CAN
recover vs holder
1) The drawee can recover
the amount paid by him
in cases where only an
indorsement
has been
forged . This is because
drawee
makes
no
warranty
as
to
the
genuineness
of
any
indorsement.
2) Generally, the drawee
may only recover from
the holder. Should he fail
to do so(for instance due
to insolvency) he cannot
recoup
his
loss
by
charging
it
to
the
drawers account
3) Although
a
depositor/drawer owes a
duty to his drawee bank
to examine his cancelled
checks,
he has no
similar duty as to forged
indorsements.
4) The drawer, as soon as
he comes to know of the
a forged indorsement
2)
3)
When
drawee
may
recover from holder
1)
2)
iv.
not
2)
3)
4)
5)
6)
2.
As a DEFENSE:
a. PERSONAL defense when used to
deny liability according to the
tenor of the instrument
b. REAL defense when relied on to
deny liability according to the
altered terms.
What constitutes material alteration?
a. Statutory: Review Sec.125, NIL
i.
change date
ii. sum
payable,
either
for
principal or interest
iii. time or place of payment
iv. number/relations of parties
v. medium/currency
of
payment,
vi. adds place of payment where
none specified,
vii. other change/addition altering
effect of
viii. instrument in any respect
b.
3.
c.
4.
IMMATERIAL ALTERATION
a. Campos: Any other alteration
would be non-material and would
not affect the liability of any prior
party . Note that #7 is a catch-all
provision such that sec 125 may
still have broad applicability.
b. Alterations of the serial numbers
do
not
constitute
material
alterations on the checks... [It] is
not an essential requisite for
negotiability under Section 1 of
the Negotiable Instruments Law.
The aforementioned alteration did
not change the relations between
the parties. The name of the
drawer and the drawee were not
altered. The intended payee was
the same. The sum of money due
to the payee remained the same.
Jurispridence
i.
An alteration is said to be
material if it changes the
effect of the instrument. It
means that an unauthorized
change in an instrument that
purports to modify in any
respect the obligation of a
party or an unauthorized
addition of words or numbers
or other change to an
incomplete
instrument
relating to the obligation of a
party. (PNB v CA, 1996)
ii. A material alteration is one
which changes the items
which are required to be
stated under Section 1 of the
Negotiable Instruments Law.
(Metrobank v Cabilzo, 2006)
b.
c.
5.
DRAWERS NEGLIGENCE
a. The general rule is that the drawee
cannot charge against the drawers
account the amount of an altered
check.
b. BUT, the drawers negligence,
before or after the alteration, may
estop him from setting up alteration
as a defense.
c. However, the drawer is not bound
to so prepare the check that nobody
else can successfully tamper with it
d.
6.
negligence which
proximately
contributed to the
erroneous
payment
by
drawee,
holder
liable (PCIB v CA,
2001)
ii.
ii.
c.
4.3. Fraud
1.
2.
REAL DEFENSE
a. fraud in execution / fraud in
factum: did not know that paper
was a NI when it was signed
b. not liable to ANY holder
PERSONAL DEFENSE
a. Fraud in inducement: knows it is
NI but deceived as to value/terms
i.
Available as a defense against
non-HDC
b. Fraud in factum accompanied by
NEGLIGENCE of maker or signer
i.
Where the signor does not
know the nature of the
instrument he signs, but
Chapter VI.
LIABILITY OF PARTIES
1. In General
1.1. Parties primarily liable:
1.
2.
2. Primary Parties
2.1.
PAYMENT:
Tender
1.
2.
Presentment
and
1. Drawee
a. A person on whom a bill of
exchange or check is drawn and
who is ordered to pay it
b. Liability of DRAWEE to:
2. Holder
1) Not liable on the instrument
until he accepts it and even a
holder in due course cannot
sue him on the instrument
before his acceptance
2) A bill/check of itself does
not operate as an assignment
of the funds in the hands of
the drawee/bank (Sec 189,
NIL), and the drawee/bank is
NOT LIABLE on the bill
unless
and
UNTIL
he/it
ACCEPTS (or certifies) the
same. (Sec. 127, NIL)
3. Drawer
1) Payment despite Stop Payment
Order
a) Before
payment
or
certification by the bank,
the
drawer
may
countermand the order,
and payment thereafter
to the payee by the bank
is wrongful.
b) Since a check is not an
assignment
of
the
drawers fund, the bank
is liable for paying it in
disregard
of
the
countermand.
c) Moreover, drawee can no
longer recover what it
voluntarily paid to the
holder of the uncertified
and
unaccepted
instrument.
2) Refusal to Accept
a)
Under
some
circumstances, the drawee
who refuses to accept may be
made liable for breach of
contract or for damages
based on a tort either to the
drawer (refer to Araneta v.
Bank of America) or to the
holder (refer to HSBC v.
Catalan)
ARANETA V. BANK OF AMERICA(1971)
Acceptor: Liability
a. (Sec.62, NIL) Drawee is not liable
unless he accepts the bill and in doing
so, he engages to pay the bill according
to the tenor of his acceptance, and
admits the following:
i.
existence of drawer
ii. genuineness of his signature
iii. his capacity and authority to draw
the instrument
iv. existence of payee and his then
capacity to endorse
b. Meaning of "according to the tenor of
his acceptance"
i.
Majority and prevailing view:
Where alteration consists in raising
the amount payable, acceptor liable
to HDC only as to its original
amount; if the alteration of payee's
name, paying banks cannot charge
drawer's account with the amount
of the check because its duty is to
pay only according to the order of
the drawer.
ii. Common law rule: Acceptor of
altered check not liable to innocent
holder except for the original
amount
2.4. Acceptance
1. IN GENERAL:
a. Definition:
i. "Acceptance" means an acceptance
completed by delivery or notification
(Sec. 19, NIL)
d.
g.
4.
KINDS
OF
ACCEPTANCE:
An
acceptance is either (1) general or (2)
qualified.
a. GENERAL
assents
without
qualification to the order of the
drawer. (Sec.139, NIL);
Includes
acceptance to pay at a particular
place; unless expressly states that bill
is to be paid there only and not
elsewhere. (Sec. 140, NIL)
b. QUALIFIED - in express terms varies
the effect of the bill as drawn. (Sec.
139, NIL)
i.
Conditional; payment by the
acceptor
dependent
on
the
fulfillment of a condition therein
stated;
ii. Partial; to pay part only of the
amount for which the bill is
drawn;
iii. Local; to pay only at a particular
place;
iv. Qualified as to time;
v. The acceptance of some, one or
more of the drawees but not of
all. (Sec. 141, NIL)
1) The holder may refuse to
take a qualified acceptance;
may
treat
the
bill
as
dishonored
by
nonacceptance.
2) Where a qualified acceptance
is taken, the drawer and
indorsers are discharged
from liability on the bill
unless
they
have
authorized the holder to
take a qualified acceptance,
or
subsequently
assent
thereto.
3) When the drawer or an
indorser receives notice of a
qualified
acceptance,
he
must, within a reasonable
time, express his dissent to
the holder or he will be
deemed to have assented
thereto. (Sec. 142, NIL)
c. TRADE - a draft or bill of exchange
with a definite maturity, drawn by a
seller on a buyer for the purchase
price of goods, bearing across its face
the acceptance of the buyer; always
states upon its face the transaction
from which it arose.
d.
2.5.
CHECKS
certification
acceptance
and
3. Clearing
a. Clearing - check collection process
b.
Clearing
house
where
representatives of different banks meet
every afternoon of every business day to
receive the envelopes containing checks
drawn against the bank he represents for
examination and clearance.
4. Certification
a.Definition
i.
an agreement by which a bank
promises to pay the check at any
time it is presented for payment
ii.
5.
Surrender of Check
a. The surrender of the check by the
holder to the drawee bank upon its
payment is not negotiation.
By
paying the check, the drawee bank
extinguishes it as a negotiable
instrument and converts it into a mere
voucher.
b. Distinction between surrender of check
upon payment thereof and negotiation
i.
The delivery of the check by the
holder to the drawee bank upon
its payment is not negotiation. By
paying the check, the drawee
bank
extinguishes
it
as
a
negotiable
instrument
and
converts it into a mere voucher.
ii. In the case of a deposit of a check
by the holder thereof in a bank
other than the drawee bank, the
signature at the back of the check
would constitute an indorsement,
unless otherwise indicated. The
holder in negotiating the check to
the depositary bank, which in turn
will collect on the check from the
drawee
bank,
through
the
clearinghouse.
BPI vs CA (2000)
3. Secondary Parties
3.1. Liability of DRAWER
1.
2.
4. Presentment
4.1. Definition:
1.
2.
b.
c.
d.
4.
AT a reasonable hour,
ON a business day and before the bill
is overdue,
TO the drawee or some person
authorized
to
accept
or
refuse
acceptance on his behalf; and
i
bill addressed to drawees not
partners, MUST be made to them
all unless one has authority to
accept or refuse acceptance for
all;
ii
drawee is dead, MAY be made to
his personal representative;
iii drawee has been adjudged a
bankrupt or an insolvent or has
made an assignment for the
benefit of creditors, MAY be made:
1) to him or
2) to his trustee or assignee.
5.
6.
acceptance
is
refused or can not be obtained; or
ii
When presentment for acceptance
is excused bill is not accepted.
(Sec. 149, NIL)
b.
c.
iii
iv.
5. Dishonor by Nonpayment
a. Sec 83, NIL The instrument when:
i. duly presented for payment and
payment refused or cannot be obtained;
or
ii. presentment is excused and the
instrument is overdue and unpaid.
b. Effect:: [subject to NIL provs] an
immediate right of recourse to all parties
secondarily liable accrues to the holder.
(Sec. 84, NIL)
i. Dishonor is a condition precedent to
the enforcement of the liability of
secondary parties.
ii. This is conditioned upon the giving of
due notice of dishonor
iii. An indorser whose liability has
become fixed by demand and notice is,
as to holder, a principal debtor.
5. Notice of Dishonor
5.1.Definition
1.
2.
2.
3.
If given by an agent
a. to his principal, in case of an
instrument dishonored in the hands of
an agent (Sec. 94, NIL), or
b. to the parties liable thereon
c. ex: collecting bank
IN GENERAL (Sec. 97)
a. Party himself
b. Or his agent in that behalf
If party is dead and death known to the
party giving notice (Sec. 98, NIL)
a.
4.
5.
6.
MUST
be
given
to
a
personal
representative, if there be one, and if
with reasonable diligence, he can be
found;
b. If no personal representative MAY be
sent to the last residence or last place of
business of the deceased.
To partners : to any one partner, even
though there has been a dissolution. (Sec.
99, NIL)
To joint parties(Sec. 100, NIL)
a. to each of the party
b. unless one of them has authority to
receive such notice for the others.
to bankrupt (Sec. 101, NIL)
a. to the party himself or
b. to his trustee or assignee
D.
E.
F.
G.
H.
I.
7. Protest
J.
A.
K.
B.
C.
Contents
1. The time and place of presentment;
2. The fact that presentment was made and the
manner thereof;
3. The cause or reason for protesting the bill;
4. The demand made and the answer given, if
any, or the fact that the drawee or acceptor
could not be found. (Sec. 153, NIL).
By whom
1. A notary public; or
2. any respectable resident of the place where
the bill is dishonored, in the presence of two
or more credible witnesses. (Sec. 154, NIL)
Time
1. on the day of its dishonor unless delay is
excused;
2. when duly noted, the protest may be
subsequently extended as of the date of the
noting. (Sec. 155, NIL);
Place
1. at the place where it is dishonored,
2. EXCEPT bill drawn payable at the place of
business or residence of person other than
the drawee has been dishonored by
nonacceptance,
a. it must be protested for non-payment at
the place where it is expressed to be
payable, and
b. no further presentment for payment to,
or demand on, the drawee is necessary.
(Sec. 156, NIL)
Protest for better security against the drawer
and indorsers where the acceptor has been
adjudged a bankrupt or an insolvent or has made
an assignment for the benefit of creditors before
the bill matures (Sec. 158, NIL)
Delay excused
1. Requisites:
a. when caused by circumstances beyond
the control of the holder, and
b. not
imputable
to
his
default,
misconduct, or negligence.
2. When the cause of delay ceases to operate,
the bill must be noted or protested with
reasonable diligence.;
When protest dispensed with by any
circumstances which would dispense with notice
of dishonor. (Sec. 159, NIL)
Waiver of protest: deemed to be a waiver not
only of a formal protest but also of presentment
and notice of dishonor. (Sec. 111, NIL)
promise
to
pay
only at a special
place, but is a
promise
to
pay
generally,
even
though a place of
payment
B.
Acceptance
1. Practice of accepting for honor is obsolete
2. When bill may be accepted for honor.
When a BE has been (1) protested for
dishonor by non-acceptance or protested
for better security and (2) is not overdue
any person not being a party already
liable may, with the CONSENT of the
holder, intervene and accept the bill supra
protest for the honor of any party liable
thereon or for the honor of the person for
whose account the bill is drawn.
3. The acceptance for honor may be for part
only of the sum for which the bill is drawn;
4. where there has been an acceptance for
honor for one party, there may be a further
acceptance by a different person for the
honor of another party. (Sec. 161, NIL)
5. Referee in case of need person whose
name is inserted by the drawer of a bill and
any indorser to whom the holder may
resort in case bill is dishonored by nonacceptance or non-payment; option of the
holder to resort to the referee (Sec. 131,
NIL)
PAYMENT FOR HONOR - any person may
intervene and pay bill protested for nonpayment supra protest (Sec. 171, NIL)
9. Bills in Set
A.
B.
C.
D.
E.
F.
G.
Chapter VII.
DISCHARGE
1. Definition: Discharge
The release of all parties, whether primary or
secondary, from the obligation on the instrument;
renders the instrument non-negotiable
2. Discharge
INSTRUMENT
of
4.
the
5.
2.
3.
3. OF SECONDARY PARTIES
(Sec. 120, NIL)8
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
7
Suggested Mnemonics: PICk ROAD: Payment in
due course, Intentional Cancellation, Renunciation,
any Other Act, Debtor becomes holder.
principal
debtor
becomes
holder
of
instrument at or after maturity in his own
right
renunciation of holder: (Sec. 122, NIL)
a. holder may expressly renounce his
rights vs. any party to the instrument,
before or after its maturity
b. absolute and unconditional renunciation
of his rights against PRINCIPAL DEBTOR
made at or after maturity discharges the
instrument
c. renunciation does not affect rights of
HDC w/o notice.
d. Renunciation must be in writing unless
instrument delivered up to person
primarily liable thereon
material alteration review Sec.
125, NIL: what constitutes material
alteration (Sec. 124, NIL: material
alteration w/o assent of all parties
liable avoids instrument except as
against party to alteration and
subsequent indorsers)
by discharge of instrument
intentional cancellation of signature by holder
discharge of prior party
valid tender of payment by prior party
release of principal debtor, unless holders right
of recourse vs. 2ndary party reserved
any agreement binding upon holder to extend
time of payment, or to postpone holders right to
enforce instrument, UNLESS
1. made with assent of party secondarily liable,
or
2. right of recourse reserved.
Failure to make due presentment (Secs. 70, 144,
NIL)
failure to give notice of dishonor
certification of check at instance of holder
reacquisition by prior party
1. where instrument negotiated back to a prior
party, such party may reissue and further
negotiate, but not entitled to enforce
payment vs. any intervening party to whom
he was personally liable
2. where
instrument
is
paid
by
party
secondarily liable, its not discharged, but
a. the party so paying it is remitted to his
former rights as regard to all prior
parties
b.
2.2. Debentures
1.
2.
Chapter VIII.
OTHER FORMS OF
COMMERCIAL PAPER
1. In General
1.1. Commercial papers
1.
2.
3.
3.
- The
draft and the letter of credit are generally used
together
to
effect
payment
in
international
transactions.
3.2. Draft a form of BE generally used to facilitate
the transactions between persons physically remote
from each other.
includes commercial
paper which though not governed by the NIL, have
certain attributes of negotiability.
1.
2.
3.
4.
5.
d.
e.
f.
E.
F.
G.
4.
A.
B.
C.
D.
Certificate of Stock
5.
Negotiable Documents of
Title
5.1. In General
1.
2.
3.
as
distinguished
from
negotiable
instruments, refer to goods and not to
money; the sale of goods covered is effected
by the transfer of said document
not governed by the NIL but by the Civil
Code.
includes any bill of lading, dock warrant,
quedan, or warehouse receipt or order for
4.
5.
5.2. Kinds
1.
2.
3.
5.3. Negotiation