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    Nego Cases - Atty. Reyes (Ausl)

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    Anonymous 3hf2TXf
    This document contains a table of contents that outlines and summarizes cases related to negotiable instruments law in the Philippines. It covers topics such as the definition and requirements of negotiable instruments, how they are transferred and negotiated, the parties who can be held liable, available defenses, enforcement of liability, discharge of instruments, and checks. The document provides an extensive list of cited court cases for each topic as examples to further explain the legal concepts and precedents involved in negotiable instruments.

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    Nego Cases - Atty. Reyes (Ausl)

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    Anonymous 3hf2TXf
    228 views7 pages
    This document contains a table of contents that outlines and summarizes cases related to negotiable instruments law in the Philippines. It covers topics such as the definition and requirements of negotiable instruments, how they are transferred and negotiated, the parties who can be held liable, available defenses, enforcement of liability, discharge of instruments, and checks. The document provides an extensive list of cited court cases for each topic as examples to further explain the legal concepts and precedents involved in negotiable instruments.

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    This document contains a table of contents that outlines and summarizes cases related to negotiable instruments law in the Philippines. It covers topics such as the definition and requirements of negotiable instruments, how they are transferred and negotiated, the parties who can be held liable, available defenses, enforcement of liability, discharge of instruments, and checks. The document provides an extensive list of cited court cases for each topic as examples to further explain the legal concepts and precedents involved in negotiable instruments.

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    Download as docx, pdf, or txt
    228 views7 pages

    Nego Cases - Atty. Reyes (Ausl)

    Uploaded by

    Anonymous 3hf2TXf
    This document contains a table of contents that outlines and summarizes cases related to negotiable instruments law in the Philippines. It covers topics such as the definition and requirements of negotiable instruments, how they are transferred and negotiated, the parties who can be held liable, available defenses, enforcement of liability, discharge of instruments, and checks. The document provides an extensive list of cited court cases for each topic as examples to further explain the legal concepts and precedents involved in negotiable instruments.

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    NEGOTIABLE INSTRUMENTS LAW

    Compilation of Digested Cases


    TABLE OF CONTENTS
    I. Introduction
    Applicability of the Negotiable Instruments Law

    Kauffman vs. PNB, 42 Phil 182, September 29, 1921

    GSIS vs. CA, 170 SCRA 533, February 23, 1989

    Concept of Negotiable Instruments


    o Tibajia vs. CA, 223 SCRA 163
    o PAL vs. CA, GR. 49188, Jan. 30, 1990
    Negotiable Instruments Compared with other Papers
    Read: Sesbreno vs. CA, GR 89252, May 24, 1993
    Some Non-Negotiable Instruments

    Philippine Education Co. vs. Soriano, GR L-22405, June 30, 1971

    Metropolitan Bank vs. CA, 194 SCRA 169 (1991)

    II. Form and Interpretation of Negotiable Instruments


    1. How Negotiability is Determined

    Caltex (Philippines) vs. CA, 212 SCRA 448, Aug. 10, 1992

    2. Effect of Estoppel

    Banco de Oro vs. Equitable Banking Corp.; 157 SCRA 188 (1988)

    Phil. Bank of Commerce vs. Aruego, 102 SCRA 530, Jan. 31, 1981

    3. Requisites of Negotiability (Sec. 1, NIL)

    Read: Metropolitan Bank vs. CA, 194 SCRA 169, Feb. 18, 1991

    Pay vs. Palanca, 57 SCRA 618

    Read: Ang Tek Lian vs. CA, 87 Phil 383, Sept. 25, 1950

    III. Transfer and Negotiation


    1. Issuance/Delivery of Negotiable Instruments

    Dela Victoria vs. Burgos, 245 SCRA 374, June 27, 1995

    3. Assignment and Negotiation Distinguished; Liability of Assignor

    Casabuena vs. CA, 286 SCRA 594

    4. How are Negotiable Instruments and Non-Negotiable Instruments


    Transferred

    Sesbreno vs. CA, 222 SCRA 466, May 24, 1993

    Consolidated Plywood vs. IFC Leasing, 149 SCRA 448, April 30, 1987

    Traders Royal Bank vs. CA, 269 SCRA 16, March 3, 1997

    5. How Negotiation Takes Place

    Manuel Lim vs. CA, 251 SCRA 409, Dec. 19, 1995

    Dela Victoria vs. Burgos, 245 SCRA 374, June 27, 1995

    Development Bank of Rizal vs. Sima Wei, 217 SCRA 743, March 9, 1993

    9. Other Rules on Indorsement (Sec. 31, 32, 40-48, 49, NIL)

    Enrique Montinola vs. PNB, 68 Phil 178, Feb. 26, 1951

    Ang Tek Lian vs. CA, GR L-2516, Sept. 25, 1950

    10. Kinds of Indorsement

    Metropol (Bacolod) Financing vs. Sambok Motors, 120 SCRA 864,


    Feb. 28, 1983

    Gempesaw vs. CA, 218 SCRA 628, Feb. 9, 1993

    What Constitutes Value (Sec. 25, NIL)

    Bibiano Banas vs. CA, 325 SCRA 259, Feb. 10, 2000

    IV. Holders
    1. What is a holder (Sec. 191, NIL)

    Chan Wan vs. Tan Kim, 109 Phil 706, Sept. 30, 1960

    Atrium Management vs. CA, 144 SCAD 390, Feb. 28, 2001

    Marcelo Mesina vs. CA, 145 SCRA 497, Nov. 13, 1986

    2. Holders in Due Course (Sec. 52, 53, 54, 55, 56, 88, NIL)

    Equitable Banking vs. Special Steel, GR 175350, June 13, 2012

    De Ocampo vs. Gatchalian, 3 SCRA 596, Nov. 30, 1961

    Yang vs. CA, No. 138074, Aug. 15, 2003

    Bataan Cigar vs. CA, 230 SCRA 643 (1994)

    Stelco Marketing vs. CA, 210 SCRA 51, June 17, 1992

    Go vs. Metropolitan Bank, GR No. 168842, Aug. 11, 2010

    4. Rights of Holders in Due Course (Sec. 14, 16, 57, NIL); When Subject to
    Original Defenses (Sec. 58, NIL)

    Salas vs. CA, 181 SCRA 296

    State Investment House vs. CA, 175 SCRA 311, July 13, 1989

    Prudencio vs. CA, 143 SCRA 7, July 14, 1986

    Stelco Marketing vs. CA, GR No. 96160, June 17, 1992

    V. Parties who are Liable


    Liability and/or Warranties of Parties

    Jai-Alai vs. BPI, 66 SCRA 29, Aug. 6, 1975


    c. Acceptor
    o PNB vs. Picornell, 46 Phil 716, Sept. 26, 1922
    o PNB vs. CA, 25 SCRA 693, Oct. 29, 1968
    d. Indorsers (Sec. 63, 68, NIL)
    i. General Indorser (Sec. 66, NIL)

    Ang Tiong vs. Ting, 22 SCRA 713, Feb. 22, 1968

    People vs. Maniego, 148 SCRA 30, Feb. 27, 1987

    v. Liability of Accommodation Party (Sec. 29, 52, NIL)

    Clark vs. Sellner, GR 16477, Nov. 22, 1921

    Crisologo vs. CA, 177 SCRA 594, Sept. 15, 1989

    PNB vs. Maza, GR 24224, Nov. 3, 1925

    Maulini vs. Serrano, 28 Phil 640, Dec. 16, 1914

    vi. Order of Liability (Sec. 68, NIL)

    People vs. Maniego

    o
    VI. Defenses
    1. Real and Personal Defenses Distinguished
    2. Real Defenses
    Defense of Minority not Total (See Art. 1341, New Civil Code)

    Atrium Management Corp. vs. CA, GR 109491, Feb. 28, 2001

    Crisologo-Jose vs. CA, GR. 80599, Sept. 1989

    Forgery of Bearer Instrument

    Associated Bank vs. CA, GR 107382, Jan. 31, 1996 (doctrine of


    comparative negligence)

    Gempesaw vs. CA, 218 SCRA 682, Feb. 9, 1993

    Republic vs. Ebrada, GR L-40769, July 31, 1975

    MWSS vs. CA

    Persons Precluded from Setting Up Forgery

    MWSS vs. CA, GR L-62943, July 14, 1986

    Metropolitan Bank vs. CA, 194 SCRA 169 (1991)

    Samsung Construction vs. Far East Bank, GR 129015, Aug. 15, 2003

    PNB vs Quimpo, 158 SCRA 582, March 14, 1988

    Banco de Oro vs. Equitable Banking, GR 74917, Jan. 20, 1988

    Westmont Bank vs. Eugene Ong, GR 132250, Jan. 30, 2002

    Ilusorio vs. CA, GR 139130, Nov. 27, 2002

    Traders Royal Bank vs. RPN, GR 138510, Oct. 10, 2002

    BPI vs. CA

    Bank of America vs. Associated Citizens Bank, May 21, 2009

    Material Alteration [partial defense] (Sec. 124, 125, NIL)

    PNB vs. CA, 256 SCRA 491, April 25, 1996

    Montinola vs. PNB, 88 Phil 178, Feb. 26, 1951

    Extinctive Prescription

    PCIB vs. CA, 350 SCRA 446

    Papa vs AU Valencia, 284 SCRA 643, Jan. 23, 1998


    g. Illegality

    3. Personal Defenses
    Absence or Failure of Consideration (Sec. 28, NIL)

    State Investment House vs. CA

    Fraud in Inducement

    Great Eastern Insurance vs. Hongkong and Shanghai Banking


    Corp., GR 18657, Aug. 23, 1922

    Quirino Gonzalez Logging vs. CA, GR 126568, April 20, 2003

    VII. Enforcement of Liability


    Liability of Person Secondarily Liable When Instrument Dishonored (Sec. 84,
    NIL)

    Crisologo-Jose vs. CA, Sept. 15, 1989


    o Salas vs. CA, Jan. 22, 1990
    o PNB vs. CA, Jan. 22, 1990
    o Associated Bank vs. CA, Jan. 31, 1996
    o Great Eastern vs. Hong Kong Shanghai Bank, Aug. 23, 1922
    o Republic vs. Ebrada, July 31, 1975
    o PNB vs. Quimpo, March 14, 1988
    o Gempesaw vs. CA, Feb. 9, 1993
    o PCI Bank vs. CA, 350 SCRA 446
    o Papa vs. AU Valencia, 284 SCRA 643
    o Far East Realty vs. Cam, 166 SCRA 256 (1988)
    o McGuire vs Province of Samar, GR L-8155, Oct. 23, 1956

    o Asia Banking vs. Javier, GR 19051, April 1923


    o Gullas vs. PNB, GR 43191, Nov. 13, 1935
    o Nyco Sales vs. BA Finance, 200 SCRA 637, 1991
    o Great Asian Sales vs. CA, GR 105774, April 25, 2002
    o Luis Wong vs CA, GR 117857, Feb. 2, 2001
    VIII. Discharge of Instruments
    Surrender of Instrument upon Discharge

    State Investment House vs. CA, GR 101163, Jan. 11, 1993

    IX. Checks
    a. Checks defined (Sec. 185, 186, 189, NIL)

    Banco de Oro Savings vs. Equitable Banking Corp., 157 SCRA 188
    (1988)

    b. Distinguished from Drafts

    RP vs. Philippine National Bank, GR L-16106, Dec. 30, 1961

    c. Relationship between Drawer, Drawee, and Payee


    d. Kinds of Checks
    certified check (Sec. 187-189, NIL)

    New Pacific Timber vs. Hon. Seneris, Dec. 19, 1980

    PNB vs. National City Bank of New York, 63 Phil 711

    effects of crossing a check

    Associated Bank vs. CA, 208 SCRA 468 (1992)

    Bataan Cigar vs. CA, 230 SCRA 648, March 3, 1994

    Gempesaw vs. CA, 218 SCRA 682, Feb. 3, 1994

    State Investment House vs. CA 1989

    memorandum and travellers check

    People vs Nitafan, GR 75954, Oct. 22, 1992

    Relationship between, Payee, Drawer, Drawee

    Spouses Moran vs. CA, GR 105836, March 7, 1994

    Gempesaw vs. CA

    Hongkong and Shanghai Bank vs. Catalan, Oct. 18, 2004

    iron clad rule for cashiers checks

    Mesina vs. IAC

    Crimes Involving Checks


    BP 22

    Domangsang vs. CA, 347 SCRA 75 (2000)

    Check Kiting [Art.315 (1b), RPC)

    Ramos vs. CA, 203 SCRA 657

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