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Phil Education Company Vs Soriano
Phil Education Company Vs Soriano
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DIZON, J.:
Plaintiff also prays for such other and further relief as may be
deemed just and equitable."
590
591
592
Decision affirmed.
Notes.—Negotiable instruments; commerciality of
document as a requisite of negotiability.—In order that a
promise to pay may have the effect of a commercial
instrument it must appear that it originated in a
commercial transaction (Rodriguez vs. Lasala, 5 Phil. 357).
To be considered commercial, whether the parties
interested be merchants or not, a promissory note must be
based on commercial transactions (Isaac vs. Bray, 30 Phil.
533). A note is not considered a mercantile document if it
nowhere appears that it arose from a mercantile
transaction (Miller, Sloss & Scott vs. Jones, 9 Phil. 648).
A Government treasury warrant which on its f ace bears
the words "payable from the administration for food
administration" is not a negotiable instrument since it is
actually an order for payment out of a particular fund and
hence not unconditional (Abubakar vs. Auditor General, 81
Phil. 359).
593
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