Negotiable Instruments Law
NEGOTIABLE INSTRUMENT
•Written contract for the payment of money, by its form intended as substitute for money and
intended to pass from hand to hand to give the holder in due course the right to hold the same
and collect the sum due
PROMISSORY NOTE
•unconditional promise in writing made by one person to another signed by the maker
•engaging to pay on demand, or at a fixed or determinable future time a sum certain in money to
order or to bearer
•where a note is drawn to the maker’s own order, it is not complete until indorsed by him
Parties:
1. Maker—one who makes a promise and signs the instrument
2. Payee—party to whom the promise is made or the instrument is payable
BILL OF EXCHANGE
•unconditional order in writing addressed by one person to another signed by the person giving
it
•requiring the person to whom it’s addressed to pay on demand or at a fixed or determinable
future time a sum certain in money to order or to bearer
Parties:
1. Drawer—one who gives the order to pay money to a 3rd party
2. Drawee—person to whom the bill is addressed and who is ordered to pay
3. Payee—party in whose favor the bill is drawn or is payable
TYPES OF BILL OF EXCHANGE:
1. Draft – a common term for all bills of exchange and they are used synonymously.
N.B. In bank drafts, DRAWER and DRAWEE are liable to purchaser of draft for
not complying with his instructions.
2. Trade Acceptance – a bill of exchange payable to order and at a certain maturity,
drawn by a seller against the purchaser of goods as drawee, for a fixed sum of
money, showing on its face the acceptance of the purchaser of the goods and that
it has arisen out of a purchase by goods by the acceptor.
3. Banker’s Acceptance – a draft or a bill of exchange of which the acceptor is a bank
or banker engaged generally in the business of granting banker’s acceptance credit.
It is similar to a trade acceptance, the fundamental difference being that the
banker’s acceptance is drawn against a bank instead of the buyer.
4. Trust Receipt – the written or printed document signed by the entrustee in favor of
the entruster containing terms and conditions substantially complying with the
provisions of PD 115 (Trust Receipt Law, which took effect on January 21, 1973). No
further formality of execution or authentication shall be necessary to the validity of
the trust receipt.
Note: It is the ENTRUSTEE NOT the ENTRUSTER is the real owner of the trust receipt.
The liability of the entrustee to the entruster is EX CONTRACTU not ex delicto.
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5. Treasury Warrants – a “treasury warrant” bearing on its face the words “payable
from the appropriation for food administration” is actually an order for payment
out of a particular fund and is NOT UNCONDITIONAL, and does not fulfill the one of
the essential requirements of a negotiable instrument. (Abubakar v. Auditor
General)
6. Money Order – a species of draft drawn by the post-office upon another for an
amount of money deposited at the first post office by the person purchasing the
money order and payable at the second office to a payee named in the order.
Note: Money order is NOT negotiable.
7. Clean and Documentary Bills of Exchange – “Clean bill of exchange” is one to
which are not attached to documents of title to be delivered to the person against
whom the bill is drawn when he either accepts or pays the bill.
“Documentary Bill of Exchange” is one to which are attached documents of title to
be delivered and surrendered to the drawee when he accepts or pays the bill.
8. D/A and D/P Bills of Exchange -
“Documents Against Payment Bill” – “D/P Bill” is a sight or time bill to which are
attached documents to be delivered and surrendered to the drawee when he has paid
the corresponding bill.
“Documents Against Acceptance Bill” – “D/A Bill” is a time bill to which are attached
documents to be delivered and surrendered to the drawee when he accepts the bill.
9. “Sight bills” are bills which are payable upon presentation or at sight or on
demand.
10. “Time or usance bills” – are bills which are payable at a fixed future time or at a
determinable future time.
 Inland Bill of Exchange – is a bill which is or on its face purports to be BOTH drawn and
payable within the Philippine Islands.
 Foreign Bill of Exchange- is a bill which is, or on its face purports to be, drawn or payable
outside the Philippine Islands.
a. to be drawn in the Philippines but payable outside thereof; or
b. to be payable in the Philippines but drawn outside thereof.
Importance of the distinction:
The distinction is important in:
1. That foreign bills are required to be protested. Failure to protest foreign bills will
discharge persons secondarily liable thereon.
2. The distinction is also important for the determination of the law applicable.
When bill may be treated as promissory note.
1. Where the drawer and the drawee are the person such as, in a draft drawn by an agent
on his principal by authority of the principal.
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2. Where the drawee is a fictitious person.  one who signs in a trade or assumed name liable to the same extent as if he had signed in his
3. Where the drawee has no capacity to contract. own name
 signature of any party may be made by a duly authorized agent, no particular form of appt.
Referee in case of need – is the person whose name was inserted by the drawer of the bill and necessary
any indorser to whom the holder may resort in case of need – that is in case the bill is dishonored
by non-acceptance or by non-payment. 2. unconditional promise or order to pay
 unqualified order or promise to pay is unconditional though coupled with
Note: It is the option of the holder to resort to the referee in case of need or not as he may see fit. a. an indication of a particular fund out of which reimbursement to be made, or a particular
account to be debited with amount, or
BEARER b. a statement of the transaction which gives rise to the instrument
Person in possession of a bill/note payable to bearer
 an order or promise to pay out of a particular fund is not unconditional
HOLDER
a sum certain in money
Payee or indorsee of a bill or note who is in possession of it, or the bearer thereof.
 even if stipulated to be paid---
a. with interest, or
THE LIFE OF A NEGOTIABLE INSTRUMENT: (INPAD-PD-N-PD)
b. by stated installments, or
1. issue
c. by stated installments with a provision that upon default in payment of any
2. negotiation
installment/interest, the whole shall become due, or
3. presentment for acceptance in certain bills
d. with exchange, whether at a fixed rate or at the current rate, or
4. acceptance
e. with costs of collection or an attorney’s fee, in case payment not made at maturity
5. dishonor by on acceptance
6. presentment for payment
3. payable on demand,
7. dishonor by nonpayment
 when expressed to be payable on demand, or at sight, or on presentation;
8. notice of dishonor
 when no time for payment expressed, or
9. protest in certain cases
10. discharge  where an instrument is issued, accepted or indorsed when overdue, it is, as regards the
person so issuing, accepting, or indorsing it, payable on demand
NEGOTIABILITY
or at a fixed or determinable future time
 when it’s expressed to be payable at a fixed period after date or sight, or
REQUISITES (SUDOC)
 on or before a fixed or determinable future time fixed therein, or
1. in writing and signed by maker or drawer  on or at a fixed period after the occurrence of a specified event which is certain to happen,
 no person liable on the instrument whose signature does not appear thereon though the time of happening be uncertain
Exceptions:  an instrument payable upon a contingency not negotiable, and happening of event doesn’t
* A person signing in a trade or assumed name cure it
* Principal is liable if a duly authorized agent signs in his own behalf
(Agent must be duly authorized; He adds words indicating that he 4. payable to order
signs as an agent; He must disclosed his principal)
 where it is drawn payable to the order of a specified person or to him or his order. May be
(Signature by procuration-operates as notice that the agent has
drawn payable to order of ---
limited authority to sign and principal is bound if agent acted beyond
a. a payee not the maker/drawer/drawee, or
the limits of his authority)
b. drawer or maker, or
* In case of forgery, the forger is liable even if his signature does not
c. drawee, or
appear on the instrument
d. two or more payees jointly, or
* Where the acceptor makes his acceptance of a bill on a separate paper
e. holder of an office for time being
* Where a person makes a written promise to accept a bill before it is
 when the instrument is payable to order the payee must be named or otherwise indicated
drawn
therein with reasonable certainty
 Negotiable Instruments Law
or bearer,
 when expressed to be so payable
 when payable to person named therein or bearer
 when payable to order or fictitious/non-existent person, and such fact known to the person
making it so payable, or
 when name of payee doesn’t purport to be the name of any person, or
 when the only/last indorsement is in blank
5. where addressed to drawee: such drawee named/ indicated therein with reasonable
certainty
 bill may be addressed to two or more drawees jointly, whether partners or not, but not to
two or more drawees in the alternative or in succession
 bill may be treated as a PN, at option of holder, where
a. drawer and drawee are same person
b. drawee is fictitious/incapacitated
CONTINUATION OF NEGOTIABLE CHARACTER
Until:
1. restrictively indorsed
2. discharged by payment or otherwise
EFFECT OF ADDITIONAL PROVISIONS
(Sec.5) Gen. Rule: order/promise to do any act in addition to the payment of money renders
instrument non-negotiable.
Exception: negotiability not affected by provisions w/c
1. authorize sale of collateral security if instrument not paid at maturity
2. authorize confession of judgment…
3. waives benefit of any law intended for advantage/protection of obligor
4. give holder election to require something to be done in lieu of money
Other Instances when negotiability not affected
(Sec. 6) a. Not dated
b. Does not specify the value given or that any value has been given therefore
c. Does not specify the place where it is drawn or the place where it is payable
d. Bears a seal
e. Designates a particular kind of current money in w/c payment is to be made
Sec. 17. Construction where instrument is ambiguous.
(a) Where the sum payable is expressed in words and also in figures and there is a discrepancy
between the two, the sum denoted by the words is the sum payable; but if the words are
ambiguous or uncertain, reference may be had to the figures to fix the amount;
(b) Where the instrument provides for the payment of interest, without specifying the date from
which interest is to run, the interest runs from the date of the instrument, and if the instrument
is undated, from the issue thereof;
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(c) Where the instrument is not dated, it will be considered to be dated as of the time it was
issued;
(d) Where there is a conflict between the written and printed provisions of the instrument, the
written provisions prevail;
(e) Where the instrument is so ambiguous that there is doubt whether it is a bill or note, the
holder may treat it as either at his election;
(f) Where a signature is so placed upon the instrument that it is not clear in what capacity the
person making the same intended to sign, he is to be deemed an indorser;
(g) Where an instrument containing the word "I promise to pay" is signed by two or more persons,
they are deemed to be jointly and severally liable thereon.
DATE IN AN INSTRUMENT
Presumption as to date: Said date is the date when it was made by the maker, drawn by the
drawer, accepted by the drawee or indorsed by the payee. (Sec. 11)
Effect of ante-dating or Post-dating: Instrument is not invalid, provided not done for an illegal or
fraudulent purpose. (Sec. 12)
* Ante-dating: Giving an instrument a date that is earlier than the date it was issued
* Post-dating: Giving an instrument a date that is later than the date it was issued
When date may be inserted?
a. Where an instrument is payable at a fixed period after date but is issued undated
b. Where an instrument is payable at a fixed period after sight but the acceptance is undated
DELIVERY (Sec. 16)
Issuance-the first delivery of the instrument complete in form to a person who takes it as a holder.
Steps:
1. Mechanical Act of writing, complying with requirements of Sec. 1
2. Delivery with intention to give effect thereto.
• NI incomplete and revocable until delivery for the purpose of giving effect thereto. As between:
a. immediate parties
b. a remote party other than holder in due course
delivery, to be effectual, must be made by or under the authority of the party
making/drawing/accepting/indorsing
• in such case delivery may be shown to have been conditional, or for a special purpose only, and
not for the purpose of transferring the property in the instrument
PRESUMPTION OF DELIVERY
Where the instrument is no longer in the possession of a party whose signature appears thereon,
a valid and intentional delivery by him is presumed until the contrary is proved (*if in the hands of
a HDC, presumption conclusive)
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NEGOTIATION
• When an instrument is transferred from one person to another as to constitute the transferee D. As to presence/absence of express limitations put by indorser upon primary obligor’s
the holder thereof. privileges of paying the holder
• If payable to BEARER, negotiated by delivery; if payable to ORDER, negotiated by indorsement 1. conditional – additional condition annexed to indorser’s liability.
of holder + delivery • Where an indorsement is conditional, a party required to pay the instrument may disregard the
condition, and make payment to the indorsee or his transferee, whether condition has been
INDORSEMENT fulfilled or not
 It is the writing of the name of the indorser on the instrument with the intent either to • Any person to whom an instrument so indorsed is negotiated will hold the same/proceeds
transfer the title to the same, or to strengthen the security of the holder by assuming a contingent subject to rights of person indorsing conditionally
liability for its future payment.
 The indorsement must be written on the instrument itself or upon a paper attached thereto. 2. unconditional
The signature of the indorser is sufficient. (Sec. 31)
 Indorsement must be of entire instrument. (can’t be indorsement of only part of amount INDORSEMENT OF BEARER INSTRUMENT (Sec. 40)
payable, nor can it be to two or more indorsees severally. But may be indorsed as to the residue • Where an instrument payable to bearer is indorsed specially, it may nevertheless be further
of partially paid instrument) [Sec. 32] negotiated by delivery
• Person indorsing specially liable as indorser to only such holders as make title through his
indorsement
KINDS OF INDORSEMENT
A. As to manner of future method of negotiation INDORSEMENT WHERE INSTRUMENT PAYABLE TO TWO OR MORE PERSONS WHO ARE NOT
1. Special – specifies the person to whom/to whose order the instrument is to be payable; PARTNERS (Sec.41)
indorsement of such indorsee is necessary to further negotiation.  All must indorse unless the one indorsing has authority to indorse for others
2. Blank – specifies no indorsee, instrument so indorsed is payable to bearer, and may be 
negotiated by delivery INSTRUMENT DRAWN OR INDORSED TO A PERSON AS CASHIER (Sec.42)
 Presumed to be payable to the bank or corporation
• The holder may convert a blank indorsement into a special indorsement by writing over the
signature of the indorser in blank any contract consistent with the character of the indorsement INDORSEMENT WHERE NAME MISSPELLED (Sec. 43)
(Sec. 35)  May continue indorsing through the misspelled name, or he may add his proper
signature
B. As to kind of title transferred
1. restrictive Presumption as to time of Indorsement—before instrument is overdue, except where
• prohibits further negotiation of instrument, indorsement bears date which is after maturity.
• constitutes indorsee as agent of indorser, or
• vests title in indorsee in trust for another Presumption as to place of Indorsement—At the place where instrument dated

• Rights of indorsee in restrictive indorsement: Striking Out Indorsements, Effect:

• receive payment of instrument * The indorser whose indorsement is struck out and all indorsers subsequent to him relieved
• Bring any action thereon that indorser could bring from liability.
• Transfer his rights as such indorsee, but all subsequent indorsees acquire only title of first
indorsee under restrictive indorsement UNINDORSED INSTRUMENTS (Sec. 49)
1. transfer vests in transferee such title as transferor had therein
2. non-restrictive 2. right of transferee to have indorsement of transferor for purposes of determining HDC
negotiation effective upon actual indorsement

C. As to kind of liability assumed by indorser PRIOR PARTY WHO NEGOTIATES INSTRUMENT, effects (Sec. 50)
1. qualified- constitutes indorser as mere assignor of title (eg. “without recourse”) Not entitled to enforce payment against any intervening party to whom he is personally liable
2. unqualified
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4. may enforce payment of the instrument for the full amount thereof against all parties liable
HOLDER IN DUE COURSE thereon

REQUISITIES RIGHTS OF PURCHASER FROM HOLDER IN DUE COURSE

1. complete and regular upon its face
• sec. 124 (effect of material alteration—not defense against HDC)
Material Alteration: any change in the instrument which affects or changes the
of the parties.
Spoliation- A material alteration made by a stranger
• sec. 125 what constitute material alterations:
a. Date
b. Sum Payable, either for principal or interest
c. Time or place of payment
d. Number or relations of the parties
e. Medium of currency or which adds a place of payment
General Rule: in the hands of any holder other than a HDC, NI is subject to same defenses as if it
were non-negotiable. (Sec. 58)
liability Exception: holder who derives title through HDC and who is not himself a party to any fraud or
illegality has all rights of such former holder in respect to all parties prior to the latter.
WHO DEEMED HDC (Sec. 59)
• prima facie presumption in favor of holder
• but when shown that title of any person who has negotiated instrument was defective,
presumption is reversed, burden is now with holder to prove
• but no reversal if party being made liable became bound prior to acquisition of defective
title

2. holder became such before it was overdue, without notice of any previous dishonor
• sec. 53 (instrument payable on demand negotiated after unreasonable length of time: KINDS OF DEFENSES
holder is not HDC) 1. real defense – attaches to instrument; on the principle that the right sought to be enforced
• sec. 12 (effect antedating/postdating) never existed/there was no contract at all. Available to all parties both immediate and remote
including HDC.
3. taken in good faith and for value 2. personal defense – growing out of agreement; renders it inequitable to be enforced against
• sec. 24 (presumption of consideration) defendant. Available to prior parties among themselves but w/c are not good against a HDC.
• sec 25 (Value: is any consideration sufficient to support a simple contract)
• sec. 26 (Holder for value: one who has given a valuable consideration for the instrument
issued or negotiated to him ) DEFENSES
• sec. 27 (When a holder has lien on the instrument, by contract or implication he is deemed a 1. INCAPACITY: REAL: indorsement/assignment by corporation/infant passes property but
holder for value to the extent of the lien) corp/infant no liability

4. at time negotiated to him, he had no notice of -- 2. FORGERY: Real:

a.infirmity in instrument Definition: the counterfeit-making or fraudulent alteration of any writing, and may consist in the
b.defect in title of person negotiating: signing of another’s name or the alteration of an instrument in the name, amount, description of
What defect constitutes (Sec.55) the person and the like, with intent thereby to defraud.
1. instrument/signature obtained through fraud, etc., illegal consideration/means, or
2. instrument negotiated in breach of faith, or fraudulent circumstances Bad Forgery—forgery which is apparent or naked to the eye
Good Forgery—requires examination of signature if it was forged
Notice
Sec. 54-notice before full amt. paid: deemed HDC only to the extent of the Effect when Signature is forged or made without authority of person whose signature it purports
amount paid by him to be.
Sec. 56-notice of defect: Actual knowledge necessary General Rule:
a. wholly inoperative
RIGHTS OF HOLDER IN DUE COURSE b. no right to retain instrument, or give discharge, or enforce payment vs. any party, can be
1. sue thereon in his own name acquired through or under such signature (unless forged signature unnecessary to holder’s title)
2. payment to him in due course discharges instrument Exception:
3. holds the instrument free from any defect of title of prior parties and free from personal unless the party against whom it is sought to enforce such right is precluded from setting up
defenses available to parties among themselves forgery/want of authority
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Precluded: Real Defenses Personal Defenses

a. parties who make certain warranties, like a general indorser or acceptor 1. Material Alteration 1. Absence or failure of consideration whether
b. estopped/negligent parties 2. Want of delivery of incomplete instrument partial or total
3. Duress amounting to forgery 2. Want of delivery of complete instrument
4. Fraud in factum or Fraud in esse contractus 3. Insertion of wrong date in an instrument
3. MATERIAL ALTERATION
5. Minority (available to the minor only) 4. Filling up of blank contrary to authority given
• Where NI materially altered w/o assent of all parties liable thereon, avoided, except as against 6. Marriage in the case of a wife or not w/in reasonable time
1. party who has himself made, authorized or assented to alteration 7. Insanity where the insane person has a 5. Fraud in inducement
2. and subsequent indorsers guardian appointed by the court 6. Acquisition of instrument by force, duress or
8. Ultra Vires acts of corporation fear
• But when an instrument has been materially altered and is in the hands of a HDC not a party to 9. Want of authority of agent 7. Acquisition of instrument by unlawful means
the alteration, HDC may enforce payment thereof according to orig. tenor 10. Execution of instrument b/w public enemies 8. Acquisition of the instrument for an illegal
11. Illegality—if declared void for any purpose consideration
12. Forgery 9. Negotiation in breach of faith
*material alteration a personal defense when used to deny liability according to org. tenor of
10. Negotiation under circumstances that
instrument, but real defense when relied on to deny liability according to altered terms. amount to fraud
11. Mistake
4. FRAUD 12. Intoxication
a. fraud in execution: real defense (didn’t know it was a Negotiable Instrument) 13. Ultra Vires Acts of corporations where the
b. fraud in inducement: personal defense (knows it’s Negotiable Instrument but deceived as corporation has the power to issue negotiable
to value/terms) paper but the issuance was not authorized for the
particular purpose for which it was issued
5. COMPLETE, UNDELIVERED INSTRUMENT
• Personal defense (sec. 16)
• If instrument not in possession of party who signed, delivery prima facie presumed
• If holder is HDC, delivery conclusively presumed

6. INCOMPLETE, UNDELIVERED INSTRUMENT

• Real defense (sec. 15)
• Instrument will not, if completed and negotiated without authority, be a valid contract in
LIABILITIES OF PARTIES
the hands of any holder, as against any person whose signature was placed thereon before
delivery
A. PRIMARY PARTIES
• Person primarily liable: person who by the terms of the instrument is absolutely required to
7. INCOMPLETE, DELIVERED
pay the same.
• Personal defense (sec. 14)
• 2 Kinds of Writings:
1. Liability of Maker
1. Where instrument is wanting in any material particular: person in possession has prima facie
a. Promises to pay it according to its tenor
authority to complete it by filing up blanks therein
b. admits existence of payee and his then capacity to indorse
2. Signature on blank paper delivered by person making the signature in order that the paper
may be converted into a NI: prima facie authority to fill up as such for any amount
2. Status of drawee prior to acceptance or payment
• sec. 127 (bill not an assignment of funds in hands of drawee)
• In order that any such instrument, when completed, may be enforced against any person
• sec. 189 (when check does not operate as assignment until bank certifies or accepts it)
who became a party thereto prior to its completion:
1. must be filled up strictly in accordance w/ authority given
3. Liability of Acceptor
2. within a reasonable time
• Promises to pay instrument according to its tenor
• but if any such instrument after completion is negotiated to HDC, it's valid for all purposes in his
• Admits the following:
hands, he may enforce it as if it had been filled up properly
a. existence of drawer
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b. genuineness of his signature  Accommodation Bill or Note—one to which the accommodation party has put his name,
c. his capacity and authority to draw the instrument w/o consideration, for the purpose of accommodating some other party who is to use it
d. existence of payee and his then capacity to indorse and is expected to pay it.
 Accomodated Party—is one in whose favor a person, w/o receiving value therefore, signs
B. SECONDARY PARTIES an instrument for the purpose of lending his credit and enabling said party to raise money
1. Liability of Drawer upon it.
a. Admits existence of payee and his then capacity to endorse
b. Engages that on due presentment instrument will be accepted, or paid, or both, according Liability of Irregular Indorser
to its tenor and that • Where a person not otherwise a party to an instrument, places thereon his signature in blank
c. If it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay before delivery, he’s liable as an indorser, in accordance w/ these rules:
the amount thereof to the holder or to an subsequent indorser who may be compelled to pay it
1. Instrument payable to order of 3rd person: liable to payee and to all subsequent parties
• drawer may insert in the instrument an express stipulation negativing / limiting his own 2. Instrument payable to the order of maker/drawer, or payable to bearer: liable to all parties
liability to holder subsequent to maker/drawer
3. Signs for accommodation of payee, liable to all parties subsequent to payee
2. Liability of Indorsers:

• Qualified Indorser and one Negotiating by Delivery (Sec 65) Liability of an Agent
a. Instrument genuine, in all respects what it purports to be • Signature of any party may be made by duly authorized agent, establish as in ordinary agency
b. He has good title • Where instrument contains or a person adds to his signature words indicating that he signs for
c. all prior parties had capacity to contract or on behalf of a principal, he is not liable on the instrument if he was duly authorized, but the
d. he had no knowledge of any fact w/c would impair validity of instrument or render it mere addition of words describing him as an agent without disclosing his principal, does not
valueless exempt from personal liability.
• in case of negotiation by delivery only, warranty only extends in favor of immediate • Signature per procuration operates as notice that the agent has but a limited authority to sign,
transferee and the principal is bound only in case the agent in so signing acted within the actual limits of his
authority
• Liability of a General or Unqualified Indorser • Where a broker or agent negotiates an instrument without indorsement, he incurs all liabilities
a. instrument genuine, good title, capacity of prior parties in Sec. 65, unless he discloses name of principal and fact that he’s only acting as agent
b. instrument is at time of indorsement valid and subsisting
c. on due presentment, it shall be accepted or paid, or both, according to tenor
d. if it be dishonored, and necessary proceedings on dishonor be duly taken, he will pay the
amt. To holder, or to any subsequent indorser who may be compelled to pay it

• Order of Liability among Indorsers  PRESENTMENT

1. among themselves: liable prima facie in the order they indorse, but proof of another A. In Promissory Notes
agreement admissible Purpose:
2. but holder may sue any of the indorsers, regardless of order of indorsement Not necessary to make the maker liable, but is necessary to make the secondary parties liable.
3. joint payees/indorsees deemed to indorse jointly and severally Requisites:
For a valid presentment for payment of a promissory note, the following are necessary:
Liability of Accomodation Party a. made within a reasonable time after issue;
• Definition: one who signed instrument as maker/drawer/acceptor/ indorser w/o receiving b. by the holder or his agent;
value thereof, for the purpose of lending his name to some other person c. to the party liable under it;
• Accomodation Party liable on the instrument to holder for value even if holder, at time of d. at a reasonable hour on a business day; and
taking instrument, knew he was only an Accomodation Party e. at the proper place.
Some Terms: ***The holder must exhibit the instrument to the debtor and should deliver it to said debtor
if the latter pays.
 Negotiable Instruments Law 8

4. it must be communicated or delivered to the holder.

When NOT required/excused

Presentment is NOT required: ACCEPTANCE, HOW MADE?
1. when after due diligence presentment cannot be made; - It is usually done by writing across the face of the bill the word “ACCEPTED” or words of similar
2. when presentment is waived, and import, e.g. “HONORED”, “I WILL PAY THE BILL”, “SEEN” followed by the signature of the drawee.
3. when the indorser is an accommodated party.
- The drawee must sign because without his signature he would not be bound – See Section 18,
NIL.
B. In Bills of Exchange
- Acceptance by telegram has been held sufficient.
Acceptance is the signification by the drawee of his assent to the order of the drawer.
N.B. Acceptance is NOT required for CHECKS for the same are payable on demand.
How made:
- The acceptance may be on the bill, on a separate paper (allonge), and may even be in writing EFFECT OF ACCEPTANCE:
before the bill is drawn. Upon acceptance, the drawee becomes liable on the bill. The bill becomes in effect a note,
- The drawee, if he wants to dishonor, must do so expressly within twenty-four (24) the acceptor standing in the place of the maker, and the drawer, in the place of the first indorser.
hours from presentment to him. If he refuses to act, tears the bill, or refuses to return But should the drawee refuse to accept, the payee or the holder has no recourse against him
the bill within said period of twenty-four hours, he is deemed to have accepted the bill but only against the drawer and indorsers, if any.
– implied acceptance.
- A sight draft (usually accompanying a letter of credit in importations) is payable on Is payment equivalent to acceptance? NO, - the payment of a check does not include or imply its
demand and needs no acceptance by the drawee. acceptance in the sense that this word is used in Section 62, NIL.

Classes of Acceptance
1. General and Qualified WHERE BILL MAY BE WRITTEN:
General Acceptance – a general acceptance assents without qualification to the order of the - Acceptance may be made
drawer. 1. on the bill itself, or
Qualified Acceptance – it varies the effect of the bill as drawn. The acceptance is qualified if it is: 2. on a separate paper; and if on a separate paper
a. Conditional; a. it may be acceptance as to an existing bill; or
b. Partial; b. it may be acceptance as to a non-existing bill.
c. Local;
d. Qualified as to time; - If the bill is non-existent, the acceptance on a separate paper must comply
e. Accepted by some or more of the drawees but not by all. with following requirements:
i. That the contemplated drawee shall describe the bill to be drawn
and promise to accept it.
ii. That the bill shall be drawn within a reasonable time after such
2. Express and Constructive promise is written; and
- Acceptance is express if written on the instrument by the drawee; and constructive, if drawee, iii. That the holder shall take the bill upon the credit of the promise.
within twenty four hours from presentment to him of the instrument, destroys the same, or
refuses or fails to return the bill accepted or unaccepted. Section 136.
- The drawee is allowed twenty-four hours after presentment in which to
REQUISITES OF ACTUAL ACCEPTANCE: decide whether or not he will accept the bill; the acceptance if given, dates as
1. in writing, and of the day of presentation.
2. signed by the drawee,
3. it must not express that the drawee will perform his promise by another means than the
payment of money, and
 Negotiable Instruments Law 9

- NOTE: The time allowed begins from the time of delivery and not after demand 1. Where the bill is payable after sight, or in any other case, where presentment for
for a return of the bill and the time for returning the bill to the holder does not acceptance is necessary in order to fix the maturity of the instrument; or
begin to run from the demand for its return but from the date of its delivery. 2. Where the bill is expressly stipulates that it shall be presented for acceptance; or
3. Where the bill is drawn payable elsewhere than at the residence or place of business of
- Drawee bank is NOT entitled to 24 hours to decide whether for payment NOT the drawee.
acceptance. But, if the check is presented for certification, this ruling will not apply,
as certification is equivalent to acceptance. NOTE: In those instances found in Section 143 – it is NECESSARY – in order to charge
persons secondarily liable (Section 144):
Constructive Acceptance: - this class of acceptance is NOT in writing.
1. Where the drawee to whom the bill is delivered for acceptance, destroys it; or i. to make presentment for acceptance or
2. Where the drawee refuses, within 24 hours after such delivery or within such time ii. to negotiate the bill within a reasonable time.
as is given him, to return the bill accepted or not accepted.

- If the holder should demand its return before twenty-four hours, the drawee  Presentment, how made:
would be required to comply on pain of being held as an acceptor; but return -Presentment MUST be made by or on behalf of the holder:
within twenty-four hours unaccepted would not be a dishonor.
Requisites:
- In all the foregoing, the drawee will be deemed to have accepted the bill even 1. It must be presented at a reasonable hour;
if there is NO ACTUAL WRITTEN ACCEPTANCE by him. 2. It must be presented on a business day; and
3. It must be presented before the bill is overdue.
Instances when a bill may be accepted:
1. Before the bill has been signed by the drawer; To WHOM will it be presented?
2. Even when the bill is otherwise incomplete; 1. To the DRAWEE or some person authorized to ACCEPT or REFUSE ACCEPTANCE
3. Even when the bill is overdue; on his BEHALF; and
4. Even after it has been dishonored by non-acceptance or by non-payment.
- The holder of the bill has the right to require GENERAL ACCEPTANCE – thus he 2. Where a bill is addressed to two or more drawees who are not partners;
may REFUSE to take qualified acceptance and if he DOES NOT obtain an presentment must be made to them all unless one has authority to accept or
unqualified acceptance – he may treat the bill as dishonored. refuse acceptance for all, in which case presentment may be made to him only;

- Effect of taking qualified acceptance: Where a qualified acceptance is taken 3. Where the drawee is dead presentment may be made to his personal
– THE DRAWER and INDORSERS are discharged from liability on the bill unless representative;
they have expressly or impliedly authorized the holder to take qualified
acceptance or subsequently assents thereto. 4. Where the drawee has been adjudged a bankrupt or an insolvent or has made
an assignment for the benefit of creditors, presentment may be made to him
- When the drawer or indorser receives notice of qualified acceptance – he or to his trustee or assignee.
must – within a REASONABLE TIME – express his dissent to the holder or he
will be deemed to have assented thereto.
Days when presentment may be made:

 Presentment for Acceptance A bill may be presented for acceptance on ANY DAY on which negotiable instruments
Definition: It is the production or exhibition of a bill of exchange to the drawee for his acceptance. may be presented for payment.

GENERAL RULE: When SATURDAY is NOT OTHER WISE A HOLIDAY – presentment for ACCEPTANCE may
Presentment for acceptance is NOT NECESSARY to render any party to the bill liable. be made before twelve o’clock noon on that day.

EXCEPTIONS:
 Negotiable Instruments Law
Note: The only difference between Section 72 and 85 is that under Section 146 there is
no distinction between the instruments payable at a fixed or determinable future time
and instruments payable on demand.
 Where the holder of a bill drawn payable elsewhere other than the place of business or
the residence of the drawee – has no time, with the exercise of reasonable diligence to
present the bill for acceptance before presenting it for payment on that day it falls due
– THE DELAY CAUSED BY PRESENTING THE BILL FOR ACCEPTANCE BEFORE PRESENTING
IT FOR PAYMENT IS EXCUSED AND DOES NOT DISCHARGE THE DRAWERS AND
INDORSERS.
Instances when PRESENTMENT FOR ACCEPTANCE IS EXCUSED and A BILL MAY BE TREATED AS
DISHONORED BY NON-ACCEPTANCE:
1. Where the drawee is dead, or has absconded, or is a fictitious person or a person not
having capacity to contract by bill;
2. Where, after the exercise of reasonable diligence, presentment can not be made;
3. Where, although presentment has been irregular, acceptance has been refused on some
other ground.
Duty of the holder where bill is not accepted.
Where a bill is duly presented for acceptance and is not accepted within the prescribed
time, the person presenting it must treat the bill as dishonored by non-acceptance or he loses
the right of recourse against the drawer and indorsers.
HOW? By giving NOTICE OF DISHONOR or by making a PROTEST when required.
 Presentment For Payment Of Accepted Bill
Purpose: The purpose of presentment for payment of an accepted bill is to collect from the
acceptor; and if refused, to collect from the secondary parties.
Requisites:
1. The accepted bill must be presented for payment within a reasonable time from the last
negotiation by the holder or his agent
2. to the acceptor or his agent
3. at a reasonable hour on a business day
4. at the proper place as defined.
 The bill must be exhibited to the acceptor and surrendered to him when he pays.
When Presentment for payment is excused;
a. when after due diligence, it cannot be made
b. when the drawee is a fictitious person
c. where there is a waiver of presentment.
 DISHONOR
1 .In PROMISSORY NOTE
10
- In a promissory note, dishonor by non-payment takes place when it is duly presented for
payment and payment is refused or cannot be obtained; or if presentment is excused, the
instrument is overdue and unpaid.
Effect: There is an immediate right of recourse by the holder against persons secondarily liable,
which requires notice of dishonor (Sec. 84)
2. In BILLS OF EXCHANGE
- In bills of exchange, where the bill is presented for acceptance and is returned dishonored, or
within twenty four hours from presentment, is not returned accepted or unaccepted, or when
presentment for acceptance is excused and the bill is not accepted
there is a dishonor by non-acceptance.
-There is a dishonor by non-payment if the bill, after it has been accepted is not paid when
presented for payment, or presentment being excused, is not paid on the date of maturity.
Effect of Dishonor by Non-acceptance: An immediate right of recourse against the drawer and
indorsers accrues to the holder and NO PRESENTMENT for payment is necessary. (Sec. 151)
Note: Same effect in Dishonor by Non-payment is Promissory Note
 NOTICE OF DISHONOR
--bringing either verbally or by writing, to the knowledge of the drawer or indorser of an
instrument, the fact that a specified negotiable instrument, upon proper proceedings taken, has
not been accepted or has not been paid and that the party notified is expected to pay it.
REQUISITES:
1. Given by a holder or his agent(SPA necessary), or by any party who may be compelled by the
holder to pay. (Sec. 90)
2. Given to a secondarily liable party or his agentSec. 97)
-Notice to one partner is notice to all even though there has been dissolution
-Notice to persons jointly liable who are not partners must be given to each of them unless
one of them has authority to receive such notice for others
-Notice to bankrupt may be given to his trustee or assignee
3. Given as soon as the instrument is dishonored and within the periods provided by law. (Sec.
102)
4. Given at the proper place (Secs. 103 & 104)
 TO WHOM GIVEN
a. Non-acceptance(bill)—to persons secondarily liable, namely, the drawer and indorsers as the
case may be
b. Non-payment (bill and note)—indorsers
 BY whom Given
a. The holder
b. Another, on behalf of the holder
 Negotiable Instruments Law 11

c. Any party to the instrument who may be compelled to pay it to the holder, and who would have
a right of reimbursement from the party to whom notice is given  REQUISITES OF PAYMENT IN DUE COURSE
1. Made at of after maturity.
2. Made to the holder.
3. In good faith and without notice that the holder’s title is defective. (Sec. 88)
 Good faith refers to the maker or acceptor and not to the holder.
 WHEN NOTICE OF DISHONOR IS DISPENSED WITH:
1. When the party to be notified knows about the dishonor, actually or constructively  DISCHARGE OF NEGOTIABLE INSTRUMENT
2. If waived (either before the time of giving notice has arrived or after the omission to give due - A release of all the parties liable from obligations arising thereunder. It renders the instrument
notice) (Sec. 109) without force and effect and, consequently, it can no longer be negotiated.
--If waiver embodied in instrument itself it binds all parties, but if written above the
signature of an indorser, the latter is only bound  WHEN A NEGOTIABLE INSTRUMENT IS DISCHARGED
3. When after due diligence, it cannot be given (Sec. 112) 1. By payment in due course by or on behalf of the principal debtor
Payment in Due Course. Requisites
 WHEN NOTICE OF DISHONOR NEED NOT BE GIVEN TO DRAWER
a. Payment must be made at or after maturity
1. Drawer and drawee are the same person
2. Drawee is a fictitious person or a person not having capacity to contract b. Payment must be made to the holder
c. Payment must be made in good faith and w/o notice that the holder’s title is
3. Drawer is the person to whom the instrument is presented for payment
4. Drawer has no right to expect or require that the drawee or acceptor will honor the instrument; defective
5. Drawer has countermanded payment.
By Whom Made:
a. By maker or acceptor
 WHEN NOTICE OF DISHONOR NEED NOT BE GIVEN TO INDORSER
(a) When the drawee is a fictitious person or person not having capacity to contract, and the b. Surety, if a primary party or
c. By an agent on behalf of the principal
indorser was aware of that fact at the time he indorsed the instrument
(b) Where the indorser is the person to whom the instrument is presented for payment
(c) Where the instrument was made or accepted for his accommodation 2. Payment by accommodated party
3. Intentional cancellation by the holder

 MATURITY OF NEGOTIABLE INSTRUMENT: 4. By any act which will discharge a simple contract for the payment of money.
1. Every negotiable instrument is payable at the time fixed therein without grace. 5. When the principal debtor becomes the holder of the instrument at or after maturity in
2. When the day of maturity falls on a Sunday or a Holiday, the instrument is payable on the next his own right.
succeeding business day.
3. Instruments falling due or payable on a Saturday are also to be presented for payment on the
next succeeding business day, except when the instrument is payable on demand where it may be  WHEN PERSONS SECONDARILY LIABLE DISCHARGED
the option of the holder to present the instrument for payment before 12:00 noon on Saturday
when the entire day is not a holiday. (Sec. 85)
(a) By any act which discharges the instrument Cancellation: it includes the act of tearing, erasing, obliterating or burning. It is not limited by
(b) By the intentional cancellation of his signature by the holder writing the word “cancelled” or “paid” or drawing criss-cross lines across the instrument. It
(c) By the discharge of a prior party may be made by any other means by w/c the intention to cancel the instrument may be
(d) By a valid tender or payment made by a prior party evident.
(e) By a release of the principal debtor unless the holder's right of recourse against the party
Renunciation (Sec. 122)-The act of surrendering a right or claim w/o recompense, but it can
secondarily liable is expressly reserved
be applied w/ equal propriety to the relinquishing of a demand upon an agreement supported
(f) By any agreement binding upon the holder to extend the time of payment or to postpone the
by a consideration
holder's right to enforce the instrument unless made with the assent of the party secondarily
> Holder may expressly renounces his rights against any party to the instrument
liable or unless the right of recourse against such party is expressly reserved.
before, at or after its maturity.
 Negotiable Instruments Law 12

> If renunciation is absolute and unconditional in favor of the principal debtor, b. By any respectable resident of the place where the bill is dishonored, in the presence of
instrument is discharged two or more credible witnesses.
> Notice is required to affect rights of HDC
> Renunciation must be in writing unless instrument is delivered up to the person Protest, when made:
primarily liable thereon. * Protest MUST be made on the day of its dishonor UNLESS delay is excused.

 PROTEST
“It is a formal statement in writing made by a notary under his seal of office at the request
of the holder of a bill or note, in which it is declared that the same was on a certain day presented
for payment (or acceptance as the case may be), and such payment (or acceptance) was refused,
whereupon the notary protests against all parties to such instrument and declares that they will
be held responsible for all loss or damage arising from its dishonor.” It means all the steps or acts
accompanying the dishonor of a bill or note necessary to charge an indorser,”
Necessity of Protest: Protest is required only for FOREIGN BILLS, but not for inland bills or notes.
HOWEVER, they may also be protested if desired. OMISSION OF PROTEST, where protest is
required, will DISCHARGE the DRAWER and the INDORSERS.
Instances when protest is required:
1. Where the foreign bill is dishonored by non-acceptance;
2. Where the foreign bill is dishonored by non-payment, it not having been dishonored by
non-acceptance;
3. Where the bill has been accepted for honor, it must be protested for non-payment to
the acceptor for honor; or
4. Where the bill contains a referee in case of need, it must be protested for non-payment
before it is presented for payment to the referee in case of need.
Protest, how made:
The protest must be annexed to the bill or must contain a copy thereof, and must be under
the HAND AND SEAL of the NOTARY making it and must specify:
1. The time and place of presentment;
2. The fact that presentment was made and the manner thereof;
3. The cause or reason for protesting the bill;
4. The demand made and the manner given, it any, or the fact that the drawee or acceptor
could not be found.
Reason for requiring protest:
1. for uniformity in international transactions because most countries require it and
2. in order to furnish authentic and satisfactory evidence of the dishonor to the drawer
who, from his residence abroad, may experience difficulty in verifying the matter and
may be forced to rely on the representation of the holder.
Protest may be made by –
a. A notary public or
* When a bill has been DULY NOTED – the protest may be subsequently extended as of the
date of the noting.
“DULY NOTED” – means that a notary public jots down on a note on the bill or an paper
attached thereto, or in his registry book, consisting of his initials or signature and those
matters required to be stated in Section 153.
Protest where made:
GENERALLY – the protest must be made at the place where the instrument is dishonored.
EXCEPTION: - where that when the bill drawn payable at the place of business or residence
of some person other than the drawee has been dishonored by non-acceptance – IT MUST
BE PROTESTED FOR NON-PAYMENT AT THE PLACE WHERE IT IS EXPRESSED TO BE PAYABLE,
AND NO FURTHER PRESENTMENT FOR PAYMENT TO, OR DEMADNN ON, THE DRAWEE IS
NECESSARY.
 A bill MAY BE PROTESTED BEFORE MATURITY – aka “PROTEST FOR BETTER SECURITY”
Requisites for Protest for better security:
- A protest for better security must be made:
a. After acceptance;
b. But before the date of maturity; and
c. When the acceptor has been adjudged bankrupt and insolvent or has made an
assignment for the benefit of creditors.
NOTE: Protest is dispensed with by any circumstances which would dispense with notice of
dishonor.
When a - PROTEST MAY BE MADE ON A COPY OR WRITTEN PARTICULARS THEREOF.
1. bill is lost or destroyed ; or
2. is wrongfully detained from the person entitled to hold it
 ACCEPTANCE FOR HONOR
Acceptance of a bill made by a stranger to it before maturity, where the drawee of the bill
refused to accept it, and the bill has been protested for non-acceptance or where the bill has been
protested for better security.
Purpose for acceptance for honor:
 Negotiable Instruments Law
An acceptance for honor is done “to save the credit of the parties to the instrument or some
party to it, as the drawer, drawee, or indorser, or somebody else.”
Requisites for acceptance for honor:
1. The bill must have been previously protested (a) for non-acceptance or (b) for better
security;
2. The bill is not overdue at the time of the acceptance for honor;
3. The acceptor for honor must be a stranger to the bill.
4. The holder must give his consent.
Acceptance for honor: - “acceptance supra protest” – how made:
1. It must be in writing;
2. It must indicate that it is an acceptance for honor; and
3. It must be signed by the acceptor for honor.
NOTE:
It is necessary that the acceptor for honor MUST APPEAR before a notary public and
declare that he accepts the protested bill in honor of the drawer or indorser, as the
case may be, and that he will pay it at the appointed time.
The LIABILITY OF THE ACCEPTOR FOR HONOR is SECONDARY – NOT primary or absolute.
ACCEPTOR FOR HONOR agrees to pay if:
1. presentment for payment has been made;
2. the drawee does not pay;
3. the bill is protested for non-payment; and
4. notice of dishonor is given to him.
MATURITY OF A BILL PAYABLE AFTER SIGHT – which has been accepted for honor: Maturity is
calculated from the date of NOTING of the NON-ACCEPTANCE and NOT from the date of the
acceptance for honor.
Bills which MUST BE PROTESTED FOR NON-PAYMENT before it will be presented for payment:
1. Where a dishonored bill has been accepted for honor supra protest; or
2. Where a dishonored bill contains a referee in case of need.
Presentment for payment to acceptor for honor, how made:
1. It must be presented in the place where the protest for non-payment was made – it must
be presented NOT LATER than the day following its maturity;
2. If it is to be presented in some other place other than the place where it was protested,
then it must be forwarded within the time specified in Section 104.
Note: Delay in making presentment is excused when the delay was caused by events which are
BEYOND HIS CONTROL and NOT IMPUTABLE TO DEFAULT, MISCONDUCT or NEGLIGENCE.
13
 When a bill is DISHONORED by the ACCEPTOR FOR HONOR – it must be protested for non-
payment by him.
Reason: In order to fix the liability of the indorsers.
 PAYMENT FOR HONOR
Requisites for payment for honor:
1. The bill has been protested for non-payment;
2. ANY PERSON, even a party thereto may pay supra protest.
NOTE:
As distinguished from acceptance for honor – the acceptor for honor MUST BE A
STRANGER. In payment for honor – the PAYOR SUPRA PROTEST – may even be a
PARTY to the instrument.
Form for payment for honor:
1. The payment must be attested by notarial act appended to the protest, or form an
extension to it; and
2. The notarial act must be based in a declaration by the payer for honor.
Procedure for payment for honor:
1. The payer or his agent goes to a notary public and declares his intention to pay the bill and
for whose honor he pays.
2. The notary then records the declaration in the protest or in a separate paper attached to
it.
3. The payor then notifies the person for whose honor he pays within reasonable time.
Purpose of payment for honor:
Instead of simple negotiation to the person desiring to pay, payment for honor may be
availed of when the holder does not want to indorse the bill and thereby incur the liabilities of an
indorser or of one negotiating by mere delivery.
Preference of parties offering to pay for honor:
- The person WHOSE PAYMENT will DISCHARGE MOST PARTIES to the bill is to be given the
preference.
Effects on subsequent parties where bill is paid for honor:
1. All parties subsequent to the party for whose honor it is paid are discharged.
2. The payer for honor is subrogated for and succeeds to both the rights and duties of the
holder as regards the party for whose honor he pays and all parties liable to the latter.
Effect if the holder REFUSES to receive payment supra protest?
He loses his right of recourse against any party who would have been discharged by such payment.
 Negotiable Instruments Law 14

Effect of discharging one of a set:

Rights of payer for honor: - Where ONE PART OF A BILL DRAWN in a set is discharged by payment or otherwise – THE
1. He acquires the rights of the holder under Section 175; and WHOLE BILL is DISCHARGED – except as otherwise provided.
2. He has also the right to receive both the bill and the protest.

 BILLS IN SET  PROMISSORY NOTES AND CHECKS

Bills in set – one composed of various parts, each part being numbered and containing a reference Promissory Note – is an unconditional promise in writing made by one person to another, signed
to the other parts, all of which parts constitute but one bill. by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain
in money to order or bearer.
Purpose of bill in set:
In order to increase the probability of the bill reaching its destination, and to avoid the difficulties NOTE:
which would arise in case of loss or miscarriage on the way of the bill. Where a note is drawn to the maker’s own order, it is NOT complete until indorsed by
him.
Right of holders where different parts are negotiated:
Where two or more parts are negotiated to different HOLDERS IN DUE COURSE – the HOLDER
whose title FIRST ACCRUES – AS BETWEEN SUCH HOLDERS – is the TRUE OWNER of the bill. Special types of promissory notes:
1. Certificate of deposit
Liability of holder who indorses two or more parts of a set to different persons: - is a written acknowledgment by a bank of the receipt of money on deposit
- He is liable on EVERY SUC H PART; and which the bank promises to pay to the depositor, bearer, or to some other
- EVERY INDORSER SUBSEQUENT to him is LIABLE on the part he has himself indorsed – AS person or order.
IF SUCH PARTS WERE SEPARATE BILLS. - It is NOT ipso facto negotiable – it must first comply with the requirements
provided under Section 1, NIL.
Acceptance of bills in set: 2. Bonds
- The acceptance may be written on any part and it must be written on ONE PART only. - A promise, under seal, to pay money.
- The bond certifies that the issuing company is indebted to the bondholder for the
Effect if the drawee accepts more than one part: amount specified on the face of the bond, and contains an agreement of the company
- If the drawee ACCEPTS MORE THAN ONE PART and such accepted parts are negotiated to to pay the sum at a specified time in the future, and meanwhile to pay a specified
different holders in due course he is liable on every part as if it were a separate bill. interest on the principal amount at regular intervals, generally six months apart. They
are negotiable if it the requisites in Section 1, NIL are complied with.
Payment by acceptor of bills drawn in sets:
- When the acceptor of a bill drawn in a set pays it without requiring the part bearing his Classes of Bonds:
acceptance to be delivered up to him, and the part at maturity is outstanding in the hands
of a holder in due course – he is liable to the holder thereof.
1. Mortgage bonds 6. Income bonds
2. Equipment Bonds 7. Convertible bonds
3. Collateral trust bonds 8. Redeemable Bonds
4. Guaranteed bonds 9. Registered Bonds
5. Debentures
10. Coupon Bonds – those which are attached a sheet of dated, numbered and similarly 11. Bank Notes
printed coupons which the bondholder may cut off when due or thereafter. Such - Are promissory notes of the issuing bank payable to bearer on demand and
coupons may be served and deposited in a bank, negotiated before the maturity of the intended to circulate as money. They are regarded as cash and pass from hand to
interest they represent, and transferred just like any commercial paper. They are hand without any evidence of titled in the holder than that which arises form
negotiable if it the requisites in Section 1, NIL are complied with. possession. However, they are not money.
 Negotiable Instruments Law 15

12. Due Bills

- is an instrument whereby one person acknowledges his indebtedness to another.
 CHECK – is a bill of exchange drawn on a bank payable on demand. It is a written order on a
bank, purporting to be drawn against a deposit of funds for the payment of all events, of a
sum of money to a certain person therein named or to his order or to cash and payable on
demand.
NOTE:
- Acceptance is NOT required for checks for the same are PAYABLE ON DEMAND.
Crossing specially – a check is crossed specially when the name of a particular banker or a company
is written between the parallel lines drawn transversally on the face of the check. Here, the drawer
is instructing the drawee bank not to honor the check unless the payee is identified by another
bank
Crossing generally – a check is crossed generally when only the words “and company” are written
between the parallel lines, or when nothing is written at all between the parallel lines. Here, the
drawer is instructing the drawee bank not to honor the check unless the payee is identified by the
particular bank named in between the two parallel lines.

 Check is not Legal Tender, but produces the effect of payment when: NOTES:
a. The check was encashed. (Encashment is not limited to physical encashment over 1. Under crossed check – the payee has the duty to ascertain the holder’s title to checks.
the counter of the drawee bank. A check can be considered encashed through the clearing 2. Drawee should not encash a crossed check but merely the same for deposit.
house, or when the check had been credited to the account of the creditor) 3. Where other than payee of crossed checks presented it for payment, there is no proper
b. When through the fault of the creditor the check is impaired presentment and drawer is not liable thereon.
c. In case of redemption
Effects of Crossing a check
Kinds of checks: 1. The check may not be encashed but only deposited in the bank
1. Ordinary Check—The most common check issued by a bank to a client who opens a 2. The check may be negotiated only once to one who has an account with a bank
checking account 3. The act of crossing the check serves as a warning to the holder that the check has been issued
2. Cashier’s check – it is a check drawn by the cashier of a bank in the name of the bank for a definite purpose so that he must inquire if he has secured the check pursuant to that purpose.
against the bank itself payable to a third person or order.
3. Manager’s Check – a drawn by the manager of a bank in the name of the bank against the Advantages of crossing check:
bank itself payable to a third person. It is similar to the cashier’s check as to effect and use. - it is a good precaution when it is to be forwarded by mail or when it is entrusted to an agent and
4. Gift Check-Similar to a cashier’s or manager’s check and may be signed either by the cashier the drawer wants to be sure that it will be paid to the rightful owner.
or manager. It is indicated as a “Gift Check”, so as to be used as a gift for birthdays,
weddings, graduations and similar occasions.
5. Memorandum Checks – a check on which is written the word “memorandum”, “memo”,
and “mem”, signifying that the drawer engages to pay the bona fide holder absolutely and
not upon a condition to pay upon presentment and non-payment.
- If it bounces – the drawer can be charged for violation of BP 22.
6. Certified Checks – a check on which the drawee bank has written an agreement whereby Features of the Check
it undertakes to pay the check at any future time when presented for payment, such as, by I. Face.
stamping on the check the word “certified” or “Good For Payment” and underneath it is 1. Date
written the signature of the cashier. 2. Payee
7. Traveler’s Check- one issued by a bank to a holder, usually a traveller, who must put his 3. Amount in figures
signature upon purchase of the check and countersign with the same signature on the 4. Amount in words
space indicated on its face or back when using the check as a mode of payment in his travel. 5. Drawer (Account Name)
When these checks are lost or stolen, the purchaser can notify the agent of the seller 6. Drawee-Bank
anywhere in the world and prevent the use of the lost or stolen traveller’s check. 7. Account Number
8. Crossed check –One which has two parallel lines, usually on the upper left hand corner. 8. Check Number
How is crossing of check done: 9. Magnetic Ink Character Recognition Code (MICR)—a code designed to facilitate the
-it is usually done by drawing two parallel lines transversally on the face of the clearing of checks among banks.
check. A check may be crossed (1) specially or (2) generally. 10. Space for signature of the drawer
 Negotiable Instruments Law
II. Dorsal Side/Back of the Check
1. Space for indorsement (signature & address of the indorser)
Check – when should it be presented for payment:
A check MUST be presented for payment within a reasonable time after its issue or the
drawer will be discharged from liability thereon to the extent of the loss caused by the delay.
must be presented within six (6) months – otherwise it will become stale.
- a check under BP 22 must be presented for payment to the bank within 90 days from date
so that the holder will enjoy the benefit of the prima facie presumption that the maker,
drawer, or issuer knows at the time of issue that he does not have sufficient funds in or credit
with the drawee bank for payment of such check.
A check is a bill of exchange payable on demand – is intended for immediate use and not to
circulate as a promissory note.
Effect if the check was allowed to become stale? (Stale when not encashed w/in 6 months)
- the drawer is discharged but only to the extent of the loss caused by the delay. Hence, if no loss
or injury is shown, the drawer is not discharged.
Certification of check – is an agreement whereby the bank against whom a check is drawn,
undertakes to pay it at any future time when presented for payment. A bank is not obliged to the
depositor to certify checks.
- The certification of a check is EQUIVALENT to an ACCEPTANCE.
Form of certification:
- No particular form is required – BUT IT MUST BE IN WRITING.
- The letters “O.K.”, with the initials of the cashier of a bank do not constitute a sufficient
certification under modern banking practice.
Effect of Certification:
1. It is equivalent to acceptance and is the operative act that makes the drawee bank liable;
2. It operates as an assignment of the funds of the drawer in the hands of the drawee bank;
and
3. If obtained by the holder, it discharges persons secondarily liable thereon.
Effect where the holder of check procures it to be certified.
- Where the holder of a check procures it to be accepted or certified, the drawer and all
indorsers are discharged from liability thereon.
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- Indorsers subsequent to the certification are not discharged.
When check operates as an assignment.
A check of itself does not operate as assignment of any part of the funds to the credit of the
drawer with the bank, and the bank is not liable to the holder unless and until it accepts or
certifies the check.
Stop Payment Order—an instruction by the drawer addressed to the drawee bank directing the
latter not to honor or pay the check. A drawer may stop payment of the check before the same is
accepted, certified or paid by the drawee bank.
Requisites for Stop Payment Order
1. It must describe the check with reasonable accuracy
2. It must be given to an authorized officer or employee of the drawee bank
3. It must be positive and unqualified
4. It must give the bank sufficient time prior to acceptance, certification or payment to enable
the bank, in the exercise of reasonable diligence to stop payment.
Iron-Clad Rule: Prohibits the countermanding of payment of certified checks.
Cases when Bank May Refuse Payment
1. The bank is insolvent
2. The drawer’s deposit is insufficient or he has no account with the bank or said account had been
closed or garnished
3. The drawer is insolvent and proper notice is received by the bank
4. The drawer dies and proper notice is received by the bank
5. The drawer has countermanded payment
6. The holder refuses to identify himself
7. The bank has reason to believe that the check is forgery.