It is a written contract for the payment of money which is intended as
a substitute for money and passes from one person to another as money. FEATURES OF NEGOTIABLE INSTRUMENTS Negotiability negotiable instruments can be transferred from one person to another.
Accumulation of secondary contracts indorsers become secondarily
liable not only to their immediate transferee but also to any holder. KINDS OF NEGOTIABLE INSTRUMENTS 1. Promissory Note an unconditional promise made by one person to another. It only becomes complete when indorsed by the maker.
Bill of Exchange An unconditional order in writing addressed by one
person to another, signed by the person giving it, requiring the person whom it is addressed to pay on demand/ at a fixed future time. KINDS OF PROMISSORY NOTES Certificate of deposit written acknowledgment of a bank of its receipt of a certain amount.
Bonds certificate of evidence of a debt.
Debenture a promissory note or a bond backed by the general credit
of a corporation. KINDS OF BILLS OF EXCHANGE Check drawn on bank payable on demand Time draft payable at a fixed rate Sight or demand draft payable when the holder presents it for payment Trade acceptance used in a contract of sale Drafts used in documentary exchange Inland Bill drawn and payable within the Philippines Foreign Bill may not be both drawn and payable within the Philippines Bankers acceptance Clean Bill of Exchange a bill which no document is attached when presentment for payment or acceptance is made Documentary Bill of exchange Bills in Set WHEN BILL OF EXCHANGE IS TREATED AS PROMISSORY NOTE Instances when a BOE is treated as PM: 1. When the drawee and drawer of the bill of exchange is the same person; 2. When the drawee is a fictitious person; 3. When the drawee has no capacity to contract; and 4. When the document is so ambiguous. PARTIES IN A PROMISSORY NOTE 1. Maker person who promises to pay the amount stated in a promissory note. 2. Payee Person who is supposed to be paid by the maker. PARTIES IN A BILL OF EXCHANGE 1. Drawer person who draws and signs the instrument, orders the drawee to pay. 2. Drawee the person who is being ordered to pay, he is not yet liable until he accepts. 3. Acceptor the drawee who already accepted the bill of exchange. 4. Payee the one to whom payment should be made by the acceptor. OTHER PARTIES 1. Indorsers persons who transfer or negotiate an instrument by indorsement completed by delivery. 2. Holder a. Payee or indorsee who is in possession of a bill or note payable to order. b. Bearer of a note or bill payable to the bearer. 3. Bearer person in possession of a bill or note which is payable to bearer. REQUIREMENTS OF A NEGOTIABLE INSTRUMENT 1. M b i w a s b t m o d; 2. M c a u p o o t p a s c i m; 3. M b p o d, o a a f o d f t; 4. M b p t o o b; a 5. W t i i a t a d, h m b n o o i t w r c. 1. Must be in writing and signed by the maker or drawer; 2. Must contain an unconditional promise or order to pay a sum certain in money; 3. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or bearer; and 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty. FACTORS THAT AFFECT THE DETERMINATION OF NEGOTIABILITY OF INSTRUMENTS 1. The whole of the instrument shall be considered; 2. Only what appears on the face of the instrument shall be considered. 3. The provisions of the NIL, especially Sec. 1, shall be applied.
Therefore, the negotiability is not determined by looking at a separate
A Simple Guide for Drafting of Conveyances in India : Forms of Conveyances and Instruments executed in the Indian sub-continent along with Notes and Tips