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GUIDE
INSTRUMENTS
Act 2031 (1911)
ON
THE
NEGOTIABLE
LAW*
DEFINITIONS
1.1 Acceptance (Sec. 132) Acceptance; how made, by
PreparedbyProf.TristanA.CatindigasofJuly29,2008.Allrightsreserved.
1.20 A party for value (Sec. 24) and every person whose
signature appears thereon to have become a party
thereto for value.
1.21 Time of indorsement (Sec. 45) Except where an
indorsement bears date after the maturity of the
instrument,
every
negotiation is deemed prima facie to have been
effected
before
the
instrument was overdue.
1.22 Place of indorsement (Sec. 46) Except where the
contrary appears, every indorsement is presumed
prima facie to have been made at the place where the
instrument is dated. Holder in due course (Sec. 59)
Every holder is deemed prima facie to be a holder in
due course; but when it is shown that the title of any
person who has negotiated the instrument was
defective, the burden is on the holder to prove that he
or some person under whom he claims acquired the
title as holder in due course. But the last-mentioned
rule does not apply in favor of a party who became
bound on the instrument prior to the acquisition of
such defective title.
FORMS
1.23 Distinguish: a negotiable instrument from a nonnegotiable instrument (Alvendia, pp. C-D)
1.24 Examples of negotiable as well as non-negotiable
documents and instruments
1.25 Distinguish: a promissory note from a bill of exchange
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(ii)
1.26 When may a bill be treated as a promissory note (Sec.
130) Where in a bill the drawer and drawee are the
same person or where the drawee is a fictitious
person or a person not having capacity to contract,
the holder may treat the instrument at his option
either as a bill of exchange or as a promissory note
(b)
with interest; or
(ii)
by stated installments; or
(i)
(iii)
(ii)
(iii)
(iv)
(v)
(iv)
(v)
(b)
(c)
in money
(i)
(ii)
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(iii)
(d)
(e)
(ii)
(iii)
(iv)
(v)
(i)
(ii)
(ii)
(iii)
An
instrument
payable
upon
a
contingency is not negotiable, and the
happening of the event does not cure
the defect.
(f)
(g)
(h)
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it is not dated; or
(b)
(c)
(d)
bears a seal; or
(e)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
1.31 Cases:
(a)
(b)
(c)
RULES
FOR
ABNORMAL
NEGOTIABLE INSTRUMENTS
OR
DEFICIENT
of
consideration
or
illegal
(a)
(b)
(c)
(d)
(e)
(ii)
1.36 Cases:
(a)
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(b)
(c)
et
al.,
G.R.
80599,
(a)
(b)
(c)
(d)
(a)
Defined
(b)
Effects
(c)
N E GO T I AT I ON
(d)
(i)
(ii)
(iii)
(iv)
Effect
of
indorsements
payment
under
forged
(v)
(vi)
1.38 Cases:
(a)
(b)
(c)
1.42 Case: Sesbreo vs. CA, et al., G.R. 89252, May 24,
1993.
1.43 Rights transferred by negotiation (Campos, p. 69)
1.44 Methods of negotiation:
(a)
(b)
By indorsement followed by
instruments payable to order)
(i)
alone
(for
delivery
(for
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(e)
1.46 Cases:
(a)
(b)
Real or absolute
(i)
(ii)
RIGHTS OF A HOLDER
1.45 Holder in due course
(a)
(b)
(i)
(ii)
(iv)
(ii)
(iii)
(iii)
(iv)
Illegality
(v)
(c)
Duress
(b)
(ii)
(c)
(iii)
(d)
Fraud
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PRESENTMENT
OF EXCHANGE
FOR
A CC E P TAN C E
IN
BILLS
P R E S E N T M E N T F O R P AY M E N T
1.63 In Promissory Notes
(a)
(b)
(c)
(d)
(a)
(b)
(c)
(d)
A C C EP TA N C E IN B I L L S O F E XC H A N G E
(a)
(b)
(c)
(d)
(b)
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(a)
(b)
(a)
(b)
(b)
(c)
(c)
(d)
(d)
(e)
(e)
(f)
(f)
(g)
(h)
(i)
(j)
(b)
(c)
(b)
and
non-
(b)
Purpose
(c)
(d)
Defined
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(b)
(b)
(c)
(d)
(c)
(e)
(d)
(e)
(f)
(g)
DISCHARGE OF INSTRUMENT
(h)
(i)
(j)
(k)
(b)
(c)
(d)
(e)
(f)
(b)
who
accepts
the
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(b)
(c)
(b)
(b)
(b)
(b)
(c)
(d)
Memorandum check (People v. Nitafan, G.R. L7594, Oct. 22, 1992; 215 SCRA 79)
BILLS IN A SET
(a)
Defined
(b)
How made
(c)
Effects
1.105 Cases:
(a)
CHECKS
(b)
(c)
(d)
(e)
(f)
-o-
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