Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

Bills of Exchange – A bill of exchange is an unconditional order in writing addressed by one person to another signed by

the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future
time a sum certain in money to order or to bearer. (Sec. 126)
Agbayani: A bill of exchange is essentially an order or a command in writing addressed to someone requiring him to pay
a sum certain in money. (Agbayani)
Campos: The person who gives the order to pay in a bill of exchange is referred to as the drawer; the addressee of the
order is the drawee, and the person to whom the payment to be made is the payee.

Sebastian: A bill of exchange is similar to a promissory note with one difference, it is an order to pay. The function of a
bill of exchange is that it is a substitute for money. It allows making payment without even touching the actual money.
Checks – A check is a bill of exchange drawn on a bank payable on demand. (Sec. 185)
Sebastian: A check is only one of the many types of bills of exchange. Rules governing bills of exchange are slightly
modified when we talk of checks.
Another type of bill of exchange is a draft which is exactly like a check; however, it need not be directed to a bank. It is an
order to pay given to a person which is not necessarily a bank. Therefore, a check is a special draft which is directed to a
bank.

DISTINCTIONS AMONG VARIOUS TYPES OF INSTRUMENTS

Bill of Exchange Promissory Note


an order or command to pay a promise to pay
an order not because it is payable a promissory note does not become
to order but because, by its terms, a bill by reason that it is payable to
it orders or commands the drawee order
to pay money to a payee or bearer

Bill of Exchange Checks


may not be drawn against a bank always drawn upon a bank or
banker
may be payable on demand or at a always payable on demand
fixed or determinable future time
must be presented for acceptance not needed to be
presented for
acceptance
need not drawn on a deposit drawn on a deposit
death of a drawer of an ordinary death of a drawer of a check, with
bill of exchange does not revoke knowledge by the banks, revokes
the authority of the banker to pay the authority of the banker to pay
may be presented for payment must be presented for payment
within a reasonable time after its within a reasonable time after its
last negotiation issue

You might also like