8 ‘THE LAW ON NEGOTIABLE INSTRUMENTS See.2
(4) Exchange not applicable to inland or domestic bill. — If
the instrument is an inland or domestic bill, that is, both
drawn and payable at the same place, there can be no
exchange so that a stipulation for payment in exchange may
be disregarded.
Under R.A. No, 8183, every monetary
igation must
ransaction shall be settled in any other currency at
ime of payment.
Sum to be paid with costs of collection
or an attorney's fee.
ease in amount due effective after maturity. —
nit ici by 8 provision
not be made at maturity, there
to the amount due on the note costs of collection or an
attorney's fee. Such a stipulation does not affect the certainty
of the amount payable at maturity since the increase in the
even if uncertain takes place after maturity
ses to be negotiable in the full
it has ceased to perform the office of
EXAMPLES:
(a) M promises to pay P or bearer P10,000 on or before
October 4, 2013 “with 15% attorney’s fee and costs of collection
if not paid on maturity.”
Negotiability is not affected by the clause.
(b) A provision “to pay all costs, charges and expenses in-
cluding attorney's fee incurred by the payee in any legal pro-
‘ceedings for the collection of the debt” renders the instrument
non-negotiable. (Mussenfeld v. Smith [Conn.], 148 Atl. 388.)
Here, it cannot be ascertained from the face of the
instrument exactly how much money it represents.
See.3 NEGOTIABLE INSTRUMENTS IN GENERAL »
orm and Interpretation |
lity for attorney's fee. — ‘The stipulation for
attorney's fees may be reduced by the courts if found
unconscionable or unreasonable. If the attorney's fee is not
in a reasonable sum.
after maturity. — A transfe-
.) and consequently,
strument subject to defenses, as if it were
Sec. 3. When promise is unconditional. — An
unqualified order or promise to pay is unconditional
within the meaning of this Act though coupled with —
(a) An indication of a particular fund out of which
reimbursement is to be mad. articular account
to be debited with the amount; or
(b) A statement of the transaction which gives
rise to the instrument.
But an order or promise to pay out of a particular
fund is not unconditional.
When promissory note contains
a promise to pay.
Negotiable instruments are intended to flow easily
through the commercial world. A prospective holder would
not be eager to accept an instrument unless its payment can.
be reasonably expected under every circumstance,
(1) Implied promise to pay. — In ori that a promissory
promise to pay. (Sec.
the word “promise” should be used. Any words equivalent
to a promise or assumption of responsibility for the pay-
“M obliges himself to pay,” “
on the face of an instrument