Nego Outline
Nego Outline
Nego Outline
SCHOOL OF LAW
OUTLINE
IN
Class Rules:
1.
2.
3.
4.
5.
I.
Basis of Grades
i.
Recitation 30%
a.
Minimal reading from notes/laptops;
b.
Unexcused absences failing grade when called for recitation
c.
No talking or texting while others are reciting; mobile phones must be
turned off, otherwise, for confiscation during classhours.
ii.
Surprise Quizzes 5%
iii.
Midterms 30% iv.
Final Exams 35%
No prescribed textbook but questions may be sourced from either of the books of de Leon
or Aquino - outline is basis for discussion flow.
Seat plan Class President is requested to provide me a seat plan with passport photos of
students.
Dress Code observe College rules.
Waiting time for Professor before Class may leave up to one (1) hour.
INTRODUCTION
A.
History
1.
U.S. Uniform Negotiable Instruments Act
2.
U.S. Uniform Commercial Code
3.
Code of Commerce Book II, Articles 443 to 556
B.
Governing Law Act No. 2031, Negotiable Instruments Law (NIL or Act,
hereinafter);
1.
Sec.1 197, NIL Repealing Clause
2.
Sec. 196, NIL Cases not provided for in the Act
3.
Article 18, Civil Code
- Rivera vs. Spouses Chua; G.R. No. 184458, January 14, 2015
- State Investment House, Inc. vs. Court of Appeals, 217 SCRA 32 [1993]
- Government Service Insurance System vs. CA and Mr. and Mrs. Isabelo R.
Racho, 170 SCRA 533 [1989]
- Metropolitan Bank & Trust Company vs. CA, et al., 194 SCRA 169 [1991]
C.
Functions and Significance of Negotiable Instruments
1.
Money Substitute Lozano vs. Martinez, 146 SCRA 323
2.
Medium of Exchange in Business Transactions
3.
Medium of Credit in Business Transactions
Lim vs. Mindanao Wines & Liquor Galleria, 678 SCRA 628 [2012]
References to Sections or Section in this outline shall mean the relevant Sections of the NIL,
unless otherwise stated.
II.
2.
3.
4.
5.
6.
7.
8.
9.
10.
B.
Parties
1.
Parties (Sec. 191 in relation to Sec. 126 and 184)
Holder
Maker/Drawer
Payee
Drawee/Acceptor
Bearer
Indorser
Indorsee
- Villanueva v. Nite, 496 SCRA 459
- Hi-Cement Corp. v. Insular Bank of Asia, 534 SCRA 269
2.
Requisites of Contract and Capacity to Contract
Articles 1318 and 1327, Civil Code
Article 1381, Civil Code (Rescissible Contracts)
Article 1390, Civil Code (Voidable Contracts)
Article 1403, Civil Code (Unenforceable Contracts)
Article 1409, Civil Code (Void Contracts)
3.
Exceptions with Respect to Negotiable Instruments
Incapacity (Sec. 22, NIL)
Illegality (Secs. 38 and 39, NIL)
Forgery (Secs. 18 and 23, NIL)
3
III.
IV.
V.
8.
VI:
VII.
3.
J.
K.
When excused
Secs. 148, 147, NIL
4.
Dishonor and its effects
Secs. 149, 150, 151, 89, 117, NIL
Presentment of payment
1.
When presentment necessary; effect of non-presentment
Secs. 143, 144, 193, NIL
2.
When presentment not necessary
a) As to drawer
Sec. 79, NIL
b) As to indorser
Sec. 80, NIL
c) As to all secondary parties
Sec. 82, 151, 111, NIL
3.
Date and time of presentment of instrument bearing fixed maturity
Sec.s 71, 85, 86, 124, NIL
Ting Ting Pua vs. Sps. Benito Lo Bun Tiong and Caroline Siok
Ching Teng, G.R. No. 198660, October 23, 2013
Far East Realty Investment Inc. v. CA, 166 SCRA 256
4.
Date of presentment of demand notes
Sec. 7, NIL
Buencamino v. Hernandez, 85 SCRA 483
5.
Date of presentment of demand bills of exchange
Columbian Banking vs. Boween
6.
Date of presentment of checks
Secs. 185, 186, NIL
City of Naga v. Agna, 715 SCRA 176
Wong v. CA, 351 SCRA 100
7.
When delay in presentment excused
Sec. 81, NIL
8.
Manner of presentment
Sec. 74, NIL
9.
What constitute sufficient presentment
Sec. 72, NIL
a.
By whom
Crossed checks
Equitable Banking Corporation v. Special Steel Products,
Inc., G.R. No. 175350, June 13, 2012
PCIB v. Balmaceda, 658 SCRA 33[2011]
b.
Time of presentment
Secs. 72(b), 75
c.
Place of presentment
Sec. 73, NIL
d.
To whom presentment must be made
Secs 72(d), 76, 77, 78, NIL
10.
What constitutes dishonor by non-payment
Sec. 83, NIL
11.
Effect of dishonor by non-payment
Sec. 84, NIL
Notice of dishonor
1.
When necessary
Sec. 89
2.
Form and contents must be given
Secs. 95, 96, NIL
3.
Time within which notice must be given
Secs. 102, 103, 104, 105, 106, 107, 113
Arterburn vs. Wakefield
9
4.
5.
6.
7.
8.
9.
PROTEST
L.
M.
Protest
1.
Definition and method
Velasquez v. Solidbank, Corp., 550 SCRA 119
2.
When necessary
Secs. 152, 129, 157
3.
Forms and contents of certificate of protest
Sec. 153
a. Purpose of the certificate of protest
b. By whom made
Sec. 154
4.
Time and place of protest
Sec.s 155, 156
5.
Protest for better security
Sec. 158, NIL
6.
When delay is excused and protest
Secs. 159, 112, NIL
Ellenbogen vs. State Bank
7.
Waiver of protest
Sec. 111, NIL
8.
Protest in case of loss of instrument
Sec. 160
Acceptance for honor
10
12