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Nego Bar Qs 2010-2012
Nego Bar Qs 2010-2012
X issued a check in favor of his creditor, Y. It reads: “Pay to Y the amount of Seven
Thousand Hundred Pesos (Php700,000.00). Signed, X.” What amount should be
construed as true in such case?
a. Php 700,000.00.
b. Php 700.00.
c. Php 7,000.00.
d. Php 700,100.00.
(A) I promise to pay A or bearer Php100,000.00 from my inheritance which I will get
after the death of my father. (2%)
SUGGESTED ANSWER:
Not negotiable. There is no unconditional promise to pay a sum certain in money (Sec.
1 [b], NIL) as the promise is to pay the amount out of a particular fund, i.e., the
inheritance from the father of the promisor(Sec. 3, NIL).
(B) I promise to pay A or bearer Php100,000 plus the interest rate of ninety (90) – day
treasury bills. (2%)
SUGGESTED ANSWER:
Not negotiable. There is no unconditional promise to pay a sum certain in money. The
promise to pay “the interest rate of ninety (90) –day treasury bills” is vague because,
first, there are no 90-day treasury bills (although there are 91-day, 182-day, and 364-
days bills); second the promise does not specify whether the so-called “interest rate”
is that established at the primary market (where new T-bills are sold for the first time
by the Bureau of Treasury) or at the secondary market (where T-bills can be bought
and sold after they have been issued in the primary market).; and third, T-bills are
conventionally quoted in terms of their discount rate, rather than their interest rate.
They do not pay any interest directly; instead, they are sold at a discount of their face
value and this “earn” by selling at face value upon maturity. (See, among other,
www.treasury.gov.ph/govsec/aboutsec.html)
(C) I promise to pay A or bearer the sum of Php100,000 if A passes the 2012 bar exams.
(2%)
SUGGESTED ANSWER:
Not negotiable. The promise to pay is subject to a condition, i.e., that A will pass the
2012 bar exams (Sec.1[b],NIL).
(D) I promise to pay A or bearer the sum of Php100.000 on or before December 30,
2012. (2%)
SUGGESTED ANSWER:
Negotiable. It conforms fully with the requirements of negotiability under Section 1,
NIL.
SUGGESTED ANSWER:
Negotiable. It conforms fully with the requirements of negotiability under Section
1,NIL. It is payable on demand because the note does not express a time for its
payment(Sec.7[b], NIL).
QUESTION: (BAR 2012)
X issued a promissory note which states, "I promise to pay Y or order Php100,000.00 or
one (1) unit Volvo Sedan." Which statement is most accurate?
a. The promissory note is negotiable because the forms of payment are clearly stated.
b. The promissory note is non-negotiable because the option as to which form of
payment is with the maker.
c. The promissory note is an invalid instrument because there is more than one form
of payment.
d. The promissory note can be negotiated by way of delivery.
SUGGESTED ANSWER:
Z is not a holder in due course. She did not give any valuable consideration for the
check. To be a holder in due course, the holder must have taken the check in good
faith and for value (Sec. 52[c], Negotiable Instruments Law).
(B) Who is liable on the check. The drawer or the indorser? Explain your answer. (5%)
SUGGESTED ANSWER:
X, the drawer, will be liable. As the drawer, X engaged that on due presentment the
check would be paid according to its tenor and that if it is dishonored and he is given
notice of dishonor, he will pay the amount to the holder (Sec. 61, NIL). No notice of
dishonor need be given to X if he is aware that he has insufficient funds in his account.
Under Section 114(d) of the Negotiable Instruments Law, notice of dishonor is not
required to be given to the drawer where he has no right to expect that the drawee
will honor the instrument. Z cannot hold Y, the endorser, liable as the latter can raise
the defense that there was no valuable consideration for the endorsement of the
check(Sec. 58, NIL).
I. DEFENSES
A. FAILURE/ABSENCE OF CONSIDERATION
QUESTION: (BAR 2011)
P sold to M 10 grams of shabu worth P5,000. As he had no money at the time of the
sale, M wrote a promissory note promising to pay P or his order P5,000. P then
indorsed the note to X (who did not know about the shabu), and X to Y. Unable to
collect from P, Y then sued X on the note. X set up the defense of illegality of
consideration. Is he correct?
a. No, since X, being a subsequent indorser, warrants that the note is valid and
subsisting.
b. No, since X, a general indorser, warrants that the note is valid and subsisting.
c. Yes, since a void contract does not give rise to any right.
d. Yes, since the note was born of an illegal consideration which is real defense.
B. FORGERY
QUESTION: (BAR 2010)
Marlon deposited with LYRIC Bank a money market placement of P1 million for a term
of 31 days. On maturity date, one claiming to be Marlon called up the LYRIC Bank
account officer and instructed him to give the manager’s check representing the
proceeds of the money market placement to Marlon’s girlfriend Ingrid. The check,
which bore the forged signature of Marlon, was deposited in Ingrid’s account with
YAMAHA Bank. YAMAHA Bank stamped a guaranty on the check reading: “All prior
endorsements and/or lack of endorsement guaranteed.” Upon presentment of the
check, LYRIC Bank funds the check. Days later, Marlon goes to LYRIC Bank to collect
his money market placement and discovers the foregoing transactions. Marlon
thereupon sues LYRIC Bank which in turn files a third-party complaint against YAMAHA
Bank. Discuss the respective rights and liabilities of the two banks. (5%)
SUGGESTED ANSWER:
The Lyric Bank should bear the loss since it is negligent in handling the
account of Marlon. However, since the Yamaha Bank, as the collecting bank guaranteed the
endorsement,it can be held liable also and the two banks may share in the liability to Marlon.
D. MATERIAL ALTERATION
QUESTION: (BAR 2011)
M, the maker, issued a promissory note to P, the payee which states: “I, M, promise to
pay P or order the amount of Php1 Million. Signed, M.” P negotiated the note by
indorsement to N, then N to O also by indorsement, and O to Q, again by indorsement.
But before O indorsed the note to Q, O’s wife wrote the figure “2” on the note after
“Php1” without O’s knowledge, making it appear that the note is for Php12 Million.
For how much is O liable to Q?
a. Php 1 Million since it is the original tenor of the note.
b. Php 1 Million since he warrants that the note is genuine and in all respects what it
purports to be.
c. Php 12 Million since he warrants his solvency and that he has a good title to the
note.
d. Php 12 Million since he warrants that the note is genuine and in all respects what it
purports to be.
E. MINORITY/ CORPORATION
QUESTION: (BAR 2012)
Y, as President of and in behalf of AAA Corporation, as a way to accommodate X, one
of its stockholders, endorsed the check issued by X. Which statement is most acurate?
a. It is an ultra vires act.
b. It is a valid indorsement.
c. The corporation will be held liable to any holder in due course.
d. It is an invalid indorsement.
II. WARRANTIES/LIABILITIES
A. NEGOTIATOR BY DELIVERY
QUESTION: (BAR 2012)
X delivered a check issued by him and payable to the order of CASH to Y in payment
for certain obligations incurred by X in favor of Y. Y then delivered the check to Z in
payment for certain obligations. Which statement is most accurate?
A. Z can encash the check even though Y did not indorse the check.
B. Z cannot encash the check for lacking in proper endorsement.
C. Y is the only one liable because he was the one who delivered the check to Z.
D. The negotiation is not valid because the check is an instrument payable to order.
B. INDORSERS
QUESTION: (BAR 2011)
M makes a promissory note that states: “I, M, promise to pay P5,000.00 to B or bearer.
Signed, M.” M negotiated the note by delivery to B, B to N, N to O. B had known that M
was bankrupt when M issued the note. Who would be liable to O?
a. M and N sine they may be assumed to know of M’s bankruptcy.
b. N, being O’s immediate negotiator of a bearer note.
c. B, M, and N, being indorsers by delivery of a bearer note.
d. B, having known of M’s bankruptcy.
C. ACCOMMODATION PARTY
QUESTION: (BAR 2012)
X acted as an accommodation party in signing as a maker of a promissory note. Which
phrase best completes the sentence - This means that X is liable on the instrument to
any holder for value:
a. for as long as the holder does not know that X is only an accommodation party
b. even though the holder knew all along that X is only an accommodation party.
c. for as long as X did not receive any consideration for acting as accommodation
party.
d. provided X received consideration for acting as accommodation party .
D. PROCURATION
QUESTION: (BAR 2011)
In a signature by procuration, the principal is bound only in case the agent
acted within the actual limits of his authority. The signature of the agent in
such a case operates as notice that he has
a. A qualified authority to sign.
b. A limited authority to sign.
c. A special authority to sign.
d. A full authority to sign.
III. INCIDENTS
A. NEGOTIATION
QUESTION: (BAR 2012)
Which phrase best completes the statement -- A check which is payable to bearer is a
bearer instrument and:
a. negotiation can be made by delivery only;
b. negotiation must be by written indorsement;
c. negotiation must be by specific indorsement;
d. negotiation must be by indorsement and delivery.
B. DISHONOR
QUESTION: (BAR 2011)
A bill of exchange has T for its drawee, U as drawer, and F as holder. When F went to
T for presentment, F learned that T is only 15 years old. F wants to recover from U but
the latter insists that a notice of dishonor must first be made the instrument being a
bill of exchange. Is he correct?
a. Yes, since a notice of dishonor is essential to charging the drawer.
b. No, since T can waive the requirement of notice of dishonor.
c. No, since F can treat U as maker due to minority of T, the drawee.
d. Yes, since in a bill of exchange, notice of dishonor is at all times required.
IV. TERMS
A. Definition
QUESTION: (BAR 2010)
Briefly describe the following types of banks: (2% each)
A. universal bank
B. commercial bank
C. thrift bank
D. rural bank
E. cooperative bank
SUGGESTED ANSWER:
1.UNIVERSAL BANKS - primarily governed by the general banking law (gbl), can
exercise the powers of an investment house and invest in non- allied enterprises and have
the highest capitalization requirement.
2.COMMERCIAL BANKS - ordinary banks governed by the gbl which have a lower
capitalization requirement than universal banks and can neither exercise the powers of an
investment house nor invest in non-allied enterprises.
3.THRIFT BANKS - these are a) savings and mortgage banks; b) stock savings and loan
associations; c) private development banks, which are primarily governed by the thrift
banks act (r.a. 7906).
4.RURAL BANKS - mandated to make needed credit available and readily accessible in the
rural areas on reasonable terms and which are primarily governed by the rural banks act
of1992( ra 7353).
5.COOPERATIVE BANKS - those banks organized whose majority shares are owned and
controlled by cooperatives primarily to provide financial and credit services to
cooperatives. it shall include cooperative rural banks. they are governed primarily by the
cooperative code (ra 6938).
B. Distinction
QUESTION: (BAR 2010)
Differentiate “bank deposits” from “deposit substitutes.” (2%)
SUGGESTED ANSWER:
DEPOSIT-no security given to guarantee repayment; the depositor relies on the stability
and reputation of the bank.