Download as pdf or txt
Download as pdf or txt
You are on page 1of 3

Since 1977

BUSINESS LAW ATTY. ONG/LOPEZ


BL.1303-Drill 4 – Negotiable Instruments OCTOBER 2012

1. Statement 1: A person cannot be convicted of a crime of a. Maker c. Drawee


BP 22 when the check is presented more than 90 days b. Drawer d. Acceptor
from the date of the check.
Statement 2: Prejudice or damage to the complainant is 9. The separate paper attached to an instrument on which
not a requisite for the conviction of a crime under BP 22 an indorsement or acceptance of the instrument is
(Bouncing check law). written is called:
a. First statement is true; second statement is false. a. Allonge c. enclosure
b. First statement is false; second statement is true. b. Memorandum d. attachment.
c. Both statements are true.
d. Both statements are false. 10. M makes a note payable to the order of P. P indorses the
note to A, A to B, B to C, C to D, D to E, and E back to A.
2. The crime of BP 22 or the bouncing check law which Based on the foregoing, which of the following
penalize the act of making or drawing and issuing a statements is incorrect?
check without sufficient fund or credit is: a. A may renegotiate the promissory note.
a. Malum in se b. A cannot go after B, C, D and E.
b. Malum prohibitum c. B, C, D and E enjoy temporary defense if A is the
c. Neither Malum in se nor Malum prohibitum holder.
d. Both Malum in se and Malum prohibitum d. If the instrument is renegotiated by A to F, the latter
cannot go after B, C, D and E.

m
3. Statement No. 1: A check must be presented for

er as
payment within a reasonable time after its last
11. A bill of exchange to which no document is attached
negotiation.

co
when presentment for payment or acceptance is made
Statement No. 2: A bill of exchange must be presented
eH w a. Trade acceptance
for payment within a reasonable time after its last
b. Bank acceptance
negotiation.

o.
c. Clean bill of exchange
a. True, true c. False, true
rs e
d. Documentary bill of exchange
b. True, false d. False, false
ou urc

4. A general endorser is distinguished from the irregular 12. Which of the following does not discharge the
endorser in that a general endorser: instrument?
a. Makes either a blank or special endorsement. a. Payment in due course by the accommodated party.
b. Indorses after its delivery to the payee. b. Intentional cancellation of the instrument by the
o

c. Is liable to the payee and subsequent parties unless holder.


aC s

he signs for the accommodation of the payee, in c. When the principal debtor becomes the holder in his
own right before maturity.
vi re

which case he is liable only to all parties subsequent


to him. d. Payment in due course by or on behalf of the
d. Answer not given principal debtor.
y

5. The distinction between acceptance for honor and 13. Presentment for acceptance of a bill of exchange is not
ed d

ordinary acceptance is that: necessary:


a. In acceptance for honor, pretest is not required while a. Where the bill is payable after sight
ar stu

in ordinary acceptance, there must be previous b. Where the bill is drawn payable elsewhere than at
protest; the residence or place of business of the drawee
b. In acceptance for honor, the acceptor is the drawee c. Where it is payable at a certain number of days after
while in ordinary acceptance; the acceptor must be a date
d. Answer not given
is

stranger to the bill;


c. In acceptance for honor, the consent of the holder is'
required while in ordinary acceptance, such consent 14. 1st-: Where to show displeasure over a bill of exchange
Th

is not required; addressed to him, the drawee destroys the same, under
d. Answer not given the law he is deemed to have accepted it.
2nd-: Where the drawer and drawee are the same person,
6. A bill of exchange may be treated as a promissory note the bill of exchange can be regarded as a promissory
sh

a. When the drawee and the payee are the same note.
person a. Both are true c. No. 1 is true; No. 2 is false
b. When the drawer and the payee are the same person b. Both are false d. No. 1 is false; No. 2 is true
c. When the drawee and the drawer are the same
person 15. Statement No. 1: A check must be presented for
d. All of them payment within a reasonable time after its last
negotiation.
7. Protest is not necessary: Statement No. 2: A bill of exchange must be presented
a. Upon dishonor by non-acceptance of a foreign bill for payment within a reasonable time after its last
appearing on its face to be such; negotiation.
b. Upon dishonor by non-payment of a foreign bill a. True, true c. False, true
appearing on its face to be such, if not having been b. True, false d. False, false
previously dishonored by non-acceptance; 16. A party secondarily liable is discharged through any of
c. In cases of inland bills and promissory notes the following means, except by the:
d. Answer not given a. intentional cancellation of his signature by the
8. When negotiable instrument had been dishonored by holder.
non-acceptance or nonpayment, notice of dishonor must b. discharge of a prior party.
be given to the following, otherwise they are discharged. c. release of the principal debtor.
Page 1 source
This study of 3was downloaded by 100000809350765 from CourseHero.com
www.prtc.com.ph
on 05-21-2021 20:42:20 GMT -05:00 BL.1303drill 4

https://www.coursehero.com/file/17948363/1303-Drill-4-negotiable-instruments/
EXCEL PROFESSIONAL SERVICES, INC.

d. extension of the time of payment which is Wagan, drawee, for acceptance, and the latter
assented to by such party secondarily accepts it. Thereafter, Palma indorses the note
liable. to Alunan, Alunan to Bernarte, Bernarte to
Hornedo, holder. On due date, Hornedo
17. Which of the following alteration is not presents the bill to Wagan for payment but
material? Wagan dishonors it claiming that Palma is a
a. An alteration which changes the medium or minor. Wagan, Ramos, Alunan and Bernarte
currency which payment is to be made claim that they did know that Palma was a
b. An alteration which adds a place of minor at the time that they transacted on the
payment where no place of payment is instrument. Aside from Palma, who may claim
specified the defense of minority?
c. An alteration which postpones the time of a. Ramos. c. Alunan and
payment Bernarte
d. An alteration which substitutes the words b. Wagan. d. None of the four.
"or bearer" for the words "or orders"
e. None of the above 24. Jose Reyes signed a blank check, and in his
haste to attend a party, left the check on top of
18. A promissory note as distinguished from a bill of his executive desk in his office. Later, Nazareno
exchange. forced open the door to Reyes’ office, and stole
a. It contains an unconditional order the blank check. Nazareno immediately filled in

m
b. The one who issues it is primarily liable the amount of P50,000 and a fictitious name as

er as
c. The one who issues it is secondarily liable payee on the said check. Nazareno then
d. There are three (3) parties, the drawer, the endorsed the check in the payee’s name and

co
payee and the drawee passed it to Roldan. Thereafter, Roldan

eH w
endorsed the check to Dantes. Can Dantes
19. Holder H altered the amount of a negotiable enforce the check against Jose Reyes?

o.
note from P10,000 to P110,000 then negotiated
rs e a. Dantes cannot enforce the check against
the note to P. Jose Reyes, who can raise the defense that
ou urc
a. If P is holder in due course, he can require the check was incomplete and not
the maker to pay P110,000 delivered, when only stolen and filled up by
b. If P is not a holder in due course, he can Nazareno.
require the maker to pay only the original b. Dantes can enforce the check against Jose
o

sum of P10,000 Reyes because Dantes is presumed to be a


c. P cannot require the maker to pay because holder in due course.
aC s

of forgery whether or not he is holder in due c. Dantes can enforce the check against Jose
v i y re

course Reyes because Jose Reyes is presumed to


d. P10,000 if P is a holder in due course be negligence and therefore must suffer the
loss.
20. If the drawee destroys the bill d. Dantes cannot enforce the check against
a. The bill is considered accepted Jose Reyes because Jose Reyes can set up
ed d

b. The bill is considered dishonored personal defense.


c. The bill is discharged
ar stu

d. The bill is cancelled 25. A stranger to the instrument makes a material


alteration changing the amount thereof from
21. Manager's check may be treated and P100,000 to P400,000 - this act is known as
considered a promissory note because a. Forgery c. Spoliation
sh is

a. The drawer and drawee are the same b. Material alteration d. All of the above
persons
Th

b. The drawee is fictitious 26. Statement No. 1: A check must be presented for
c. The instrument is ambiguous payment within a reasonable time after its last
d. All of the above negotiation.
Statement No. 2: A bill of exchange must be
22. Any alteration which changes the following shall presented for payment within a reasonable time
be deemed to be material, except after its last negotiation.
a. The date a. True, true c. False, true
b. The sum payable, either principal or b. True, false d. False, false
interest
c. The time or place of payment 27. A makes a promissory note payable to B or
d. The number or the relation of the parties order. B indorses the note to C, then C to D, D
e. None of the above to E and E to F, the holder in whose hands the
note is dishonored. F. notifies B, C, D and E
23. Ramos draws a bill of exchange payable to the about the dishonor of the note and
order of Palma. Palma presents the bill to

Page 2 of 3 www.prtc.com.ph
BL.1303drill 4
This study source was downloaded by 100000809350765 from CourseHero.com on 05-21-2021 20:42:20 GMT -05:00

https://www.coursehero.com/file/17948363/1303-Drill-4-negotiable-instruments/
EXCEL PROFESSIONAL SERVICES, INC.

subsequently indorses it to G. Which is not c. A check must be presented for payment


correct? within a reasonable time from its date of
a. The notice to C inures to the benefits of D, E issue, whereas a bill within a reasonable
and G. time from the date of last negotiation.
b. The notice given by F to B inures to the d. Where the check and the bill of exchange
benefits of C, D, E and G. are not presented for payment within a
c. The notice to E inures to the benefit of D. reasonable time as stated in choice (c) the
d. The notice to D inures to the benefits of E drawers are considered discharged
and G. absolutely.

28. In relation to checks and bills of exchange, 29. In this instrument a protest made by a notary is
which is not a correct statement? needed instead of a simple notice of dishonor -
a. A bill may be drawn addressed to any a. Inland bill of exchange
person as drawee, but a check can only be b. Foreign bill of exchange
addressed to a bank as drawee. c. Traveler's check
b. A check is always payable on demand d. Promissory note
whereas a bill may be made payable on
demand or at a fixed or determinable future
time.

m
er as
co
eH w
o.
rs e
ou urc
o
aC s
v i y re
ed d
ar stu
sh is
Th

Page 3 of 3 www.prtc.com.ph
BL.1303drill 4
This study source was downloaded by 100000809350765 from CourseHero.com on 05-21-2021 20:42:20 GMT -05:00

https://www.coursehero.com/file/17948363/1303-Drill-4-negotiable-instruments/
Powered by TCPDF (www.tcpdf.org)

You might also like