DEFENSES
It may be negotiated
REAL AND PERSONAL DEFENSES
PERSONAL DEFENSES
1. ANTE-DATING AND POST-DATING
SECTION 12
ANTE-DATED AND POST-DATED
The instrument is not invalid for the reason only
that it is ante-dated or post-dated, provided this
is not done for an illegal or fraudulent purpose.
The person to whom an instrument so dated is
delivered acquires the title thereto as of the
date of delivery.
ANTE-DATED INSTRUMENT
An instrument which contains a date
earlier than the true date of its issuance.
Example:
An instrument is issued July 30, 2021
but it is dated July 15, 2021.
POST-DATED INSTRUMENT
An instrument which contains a dated
later than the true date of issuance.
Example:
Issued: July 15, 2021
Dated: July 30, 2021
EFFECT OF ANTE-DATING AND POST-DATING
Ante-dating or post-dating an
instrument does not render it invalid or non-
negotiable by that fact alone.
Provided, this is not done for an illegal or
fraudulent purpose, and such date will be the
prima facie true date.
before or after the date given so as long as it is
not negotiated after its maturity.
If done for an illegal or fraudulent purpose, the
instrument is rendered INVALID.
Example:
Ante-dating done to conceal the charge of
usurious interest.
Post-dating to issue a post-dated check in
payment of an obligation because of
insufficieny of funds without bona fide intention
to cover the amount of the check. However, if
the payee was informed that the check was not
covered by adequate funds, the drawer would
not be guilty of bad faith or estafa issuing it
because there was no deceit.
Date when instrument takes effect
The person to whom the instrument so
dated is delivered acquires title or ownership
over it, not as of the date it bears, but as of the
date it is delivered.
2. INSERTION OF THE WRONG DATE
SECTION 13
WHEN DATE MAY BE INSERTED
Where an instrument expressed to be
payable at a fixed period after date is
issued undated, or where the
acceptance of an instrument payable at
a fixed period after sight is undated, any
holder may insert therein the true date
of issue or acceptance, and the
instrument shall be payable
accordingly. The insertion of a wrong
date does not avoid the instrument in
the hands of a subsequent holder in
due course; but as to him, the date so
inserted is to be regarded as the true
date.

When date may be inserted

Two Cases:

a. Where an instrument is payable at

a fixed period after date but is
issued undated; and
b. Where an instrument is payable at
a fixed period after sight but is
issued undated.

Date of issue or acceptance to be

specified –

Any holder may insert therein the true

date of issue or acceptance and the
instrument shall be payable
accordingly. It is necessary that the date
of issue or acceptance, as the case may
be, be specified so as to determine the
date of maturity. Unless the true date is
inserted, one will not know when the
instrument will be due.