Negotiable Instruments Law - Philippines
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
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
• Check: bill of exchange drawn on a bank payable on demand.
Kinds of checks: 1. personal check 2. manager’s/cashier’s check – drawn by a bank on itself. Issuance has the effect of acceptance 3. memorandum check – “memo” is written across its face, signifying that drawer will pay holder absolutely without need of presentment 4. crossed check – Effects: a. check may not be encashed but only deposited in bank b. may be negotiated only once, to one who has an acct. with a bank c. warning to holder that check has been issued for a definite purpose so that he must inquire if he received check pursuant to such purpose, otherwise not HDC Kinds: a. general (no word between lines, or “co” between lines) b. special (name of bank appearing between parallel lines)
BEARER
Person in possession of a bill/note payable to bearer
HOLDER
Payee or indorsee of a bill or note who is in possession of it, or the bearer thereof.
THE LIFE OF A NEGOTIABLE INSTRUMENT:
1. issue
2. negotiation
3. presentment for acceptance in
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
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
• Check: bill of exchange drawn on a bank payable on demand.
Kinds of checks: 1. personal check 2. manager’s/cashier’s check – drawn by a bank on itself. Issuance has the effect of acceptance 3. memorandum check – “memo” is written across its face, signifying that drawer will pay holder absolutely without need of presentment 4. crossed check – Effects: a. check may not be encashed but only deposited in bank b. may be negotiated only once, to one who has an acct. with a bank c. warning to holder that check has been issued for a definite purpose so that he must inquire if he received check pursuant to such purpose, otherwise not HDC Kinds: a. general (no word between lines, or “co” between lines) b. special (name of bank appearing between parallel lines)
BEARER
Person in possession of a bill/note payable to bearer
HOLDER
Payee or indorsee of a bill or note who is in possession of it, or the bearer thereof.
THE LIFE OF A NEGOTIABLE INSTRUMENT:
1. issue
2. negotiation
3. presentment for acceptance in