Professional Documents
Culture Documents
Syllabus
Syllabus
Sps. Evangelista vs. Mercator Finance Corporation, et al, August 21, 2003
Ilano vs. Hon. Espanol, G.R. No. 161756, 16 December 2005
Title III
NEGOTIATION
a. Modes of transfer
1. By assignment
2. By operation of law
3. By negotiation, which may be completed by indorsement
completed by delivery or by mere delivery
e. Indorsement
Concept
How made
Kinds
Other rules on indorsement
Metropol (Bacolod) Financing vs. Sambok Motors Co., et al., 12
SCRA 864 Gempesaw vs. CA, 218 SCRA 622
f. Negotiation by a prior party
Title IV - Midterm
HOLDERS
Title V
LIABILITY OF PARTIES
a. Primary and secondary liability distinguished
b. Liability distinguished from warranties
c. Liability and/or warranties of parties
1. Maker
2. Drawer
Relationship with drawee
Relationship with collecting bank
3. Acceptor
4. Indorsers
General indorsers
Qualified indorsers
Order of liability
5. Parties negotiating by mere delivery
6. Other cases
Irregular indorser
Indorser of bearer instrument
Accommodation party
Agents signing on behalf of the principal
Title VI
DEFENSES
6. Extinctive prescription
b. Personal defenses:
1. Ante-dating or post-dating
2. Insertion of wrong date
3. Filling-up blanks beyond authority
4. Want of delivery of a complete instrument
5. Absence or failure of consideration
6. Simple fraud, duress, intimidation, force or fear, illegality of
consideration, breach of faith
Title VII
ENFORCEMENT OF LIABILITY
1. Promissory notes
Notice of dishonor
2. Bills of exchange
If accepted
c. Presentment for payment
1. Concept of presentment
d. Notice of dishonor
Dishonor by non-payment
Dishonor by non-acceptance
Holder
Agent
3. Form of notice
Notice to partners
Notice to bankrupt
Title VIII
DISCHARGE OF INSTRUMENTS
a. Concept of discharge
2. Intentional cancellation
Title IX
PROMISSORY NOTES and CHECKS
I. Promissory note
II. Checks
a. Checks defined
e. Kinds of check
Certified check
Crossed check
f. Crossing of a Check
h. Uses of Check
Ignorantia juris
Neminem excusat