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    Course Title: Negotiable Instruments Law: Recommended References

    Uploaded by

    Fritzie G. Puctiyao
    This document provides details about a course on Negotiable Instruments Law, including recommended references, preliminaries such as orientation and setting expectations, course description and objectives, outline of topics to be covered, relevant cases, teaching methods, and grading criteria. The course covers the life cycle of negotiable instruments from issuance to discharge and examines parties' liabilities. Key topics include the requisites of negotiability, different classes of instruments, defenses, forgery, and discharge. Student understanding will be evaluated through quizzes, assignments, recitation, a midterm, and final exam.

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    Course Title: Negotiable Instruments Law: Recommended References

    Uploaded by

    Fritzie G. Puctiyao
    22 views8 pages
    This document provides details about a course on Negotiable Instruments Law, including recommended references, preliminaries such as orientation and setting expectations, course description and objectives, outline of topics to be covered, relevant cases, teaching methods, and grading criteria. The course covers the life cycle of negotiable instruments from issuance to discharge and examines parties' liabilities. Key topics include the requisites of negotiability, different classes of instruments, defenses, forgery, and discharge. Student understanding will be evaluated through quizzes, assignments, recitation, a midterm, and final exam.

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    This document provides details about a course on Negotiable Instruments Law, including recommended references, preliminaries such as orientation and setting expectations, course description and objectives, outline of topics to be covered, relevant cases, teaching methods, and grading criteria. The course covers the life cycle of negotiable instruments from issuance to discharge and examines parties' liabilities. Key topics include the requisites of negotiability, different classes of instruments, defenses, forgery, and discharge. Student understanding will be evaluated through quizzes, assignments, recitation, a midterm, and final exam.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    22 views8 pages

    Course Title: Negotiable Instruments Law: Recommended References

    Uploaded by

    Fritzie G. Puctiyao
    This document provides details about a course on Negotiable Instruments Law, including recommended references, preliminaries such as orientation and setting expectations, course description and objectives, outline of topics to be covered, relevant cases, teaching methods, and grading criteria. The course covers the life cycle of negotiable instruments from issuance to discharge and examines parties' liabilities. Key topics include the requisites of negotiability, different classes of instruments, defenses, forgery, and discharge. Student understanding will be evaluated through quizzes, assignments, recitation, a midterm, and final exam.

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    © All Rights Reserved
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    of 8

    COURSE TITLE: NEGOTIABLE INSTRUMENTS LAW

     
    Recommended References:

    1. Notes and Cases on Negotiable Instruments Law and Banking Law by Timoteo
    B. Aquino, 2018 Ed.
    2. The Law on Negotiable Instruments by Hector S. De Leon, 2014 Ed.
    3. Law on Negotiable Instruments by Rolando A. Suarez, 2014 Ed.

    PRELIMINARIES
     
    i. ORIENTATION

    1. Getting to know each other


    2. Setting the house rules
    3. Course Requirements
    4. Grading System

    ii. Setting the mood for the subject to be observed during the semester
     

    COURSE DETAILS
     
    Course Description:
     
    The subject covers the life of negotiable instruments starting from its issuance,
    presentment for acceptance, presentment for payment, dishonor by non acceptance,
    presentment for payment, dishonor by non acceptance, dishonor by non payment,
    payment and discharge. It includes the the discussions on the requisites of an
    instrument to be negotiable and the different classes of negotiable instruments.
     
    Course Objectives:
     
    At the end of the semester, the students should be able to:
    1. Identify the different kinds of negotiable instruments and the requisites for
    negotiability.
    2. Identify the defenses available to each party in case of dishonor.
    3. Define and understand who is a holder in due course.
    4. Identify the parties in each class of negotiable instruments.
    5. Appreciate and apply these fundamental principles to actual business
    transactions.

     
    Course Outline:
     
    I.  NEGOTIABILITY OF INSTRUMENT

    1. Form and interpretation


    2. Definition of commercial paper
    3. Certainty of sum payable
    4. Certainty of time of payment
    5. When is instrument payable on demand
    6. Meaning of procuration
    7. Forgery

     
     
    II.  FUNCTIONS AND KINDS OF NEGOTIABLE INSTRUMENTS

    1. Promissory Notes
    2. Bills of Exchange
    3. Checks

     
    III. CONSTRUCTION OF AMBIGUOUS INSTRUMENT
     
    IV. PARTIES AND THEIR LIABILITIES

    1. Maker
    2. Payee
    3. Drawer
    4. Drawee

     
    Cases:
     
    Phil. Educ. Co., Inc. vs. Soriano, 39 SCRA 587
    Tibajia, Jr. vs. CA, 223 SCRA 163
    Philippine Airlines vs. CA, 181 SCRA 557
    Metropolitan Bank & Trust Company vs. CA, 194 SCRA 169 (1991)
    Caltex Phils. vs. CA, 212 SCRA 448
    Ang Tek Lian vs CA, 87 Phil 383
    PNB vs. Rodriguez, G.R. No. 170325 (2008)
    Philippine National Bank vs. Manila Oil Refining & By-Products Company, 43 Phil 445
    Republic Planters Bank vs. CA, 216 SCRA 738
    Sps. Evangelista vs. Mercator Finance Corp, et al, (2003)
    Ilano vs. Hon. Espanol, G.R. 161756 (2005)
     
    V. INDORSEMENTS

    1. Negotiation
    2. Classification of indorsement
    3. Indorsement where name is misplaced
    4. Indorsement in representative capacity
    5. Presumption as to time of indorsement
    6. When the holder may strike out indorsement
    7. Right of prior party to negotiate

     
    VI. ACCOMMODATION PARTY
     
    VII. CONSIDERATION
     

    1. Meaning of consideration
    2. Adequacy of consideration
    3. What constitutes holder for value
    4. Where a holder has lien on instrument
     
     
    VIII. MANNER AND CONSEQUENCE OF TRANSFER OF INSTRUMENTS
     
    IX. DISHONORED INSTRUMENTS AND ITS EFFECTS
     

    1. Person to be given notice


    2. Notice where the party is dead
    3. Notice to parties
    4. Time of notice to subsequent party
    5. Place where notice must be given
    6. Effect of waiver of protest
    7. When notice to drawer not required
    8. When notice to indorser not required

     
    X. REQUISITES OF HOLDER IN DUE COURSE
     

    1. Instrument complete and regular upon its face


    2. Holder before instrument is overdue
    3. Holder without notice of dishonor
    4. Holder in good faith
    5. Holder for value
    6. Holder without notice of infirmity in instrument or defect of title
    7. Real defense
    8. Personal defense

     
     
    Cases:
    Sesbreno vs. CA, 222 SCRA 466
    Consolidated Plywood Inc., vs. IFC Leasing, 149 SCRA 448
    De la Victoria vs. Hon. Burgos, 245 SCRA 374
    Development Bank of Rizal vs. Sima Wei, 219 SCRA 736
    Metropol (Bacolod) Financing vs. Sambok Motors Co., et al., 120 SCRA 864
    Gempesaw vs. CA, 218 SCRA 622
    De Ocampo vs. Gatchalian, 3 SCRA 596
    Yang vs. CA, G.R. No. 138074 (2003)
    Mesina vs. IAC, 145 SCRA 497
    Philippine National Bank vs. Picornell, et al, 46 Phil 716
    Astro Electronics vs. Roxas, et al., September 23, 2003
    Garcia vs. Dionisio, December 8, 2003
    Crisologo-Jose vs. CA, Sept. 15, 1989
    Sadaya vs. Sevilla, 19 SCRA 924
    Travel-On vs. CA, 210 SCRA 352
    Agro-Conglomerates Inc. vs. CA, 348 SCRA 350
    Gonzales vs. RCBC, 29 November 2006
    Ang vs. Associated Bank, 05 September 2007
    Far East vs. Gold Palace Jewelry, G.R. No. 168274, August 20, 2008
    Patrimonio v. Napoleon, G.R. No. 187769, June 4, 2014
     
     
    XII. DEFENSES OF PARTIES
     

    1. Real Defense
    2. Personal Defense

     
    XIII. FORGERY AND ITS EFFECTS
     
    XIV. DISCHARGE OF NEGOTIABLE INSTRUMENTS AND THE PARTIES
    SECONDARILY LIABLE
     

    1. Methods of discharge of secondary parties


    2. Effect of reacquisition by prior party
    3. Effect of renunciation
    4. When cancellation inoperative
    5. Meaning of material alteration
    6. When alteration is material

     
    Cases:
     
    Salas vs. CA, January 22, 1990
    Philippine National Bank vs. CA, 256 SCRA 491
    International Corporate Bank vs. CA, 05 September 2006
    Associated Bank vs. CA, January 31, 1996 
    Jai-Alai vs. BPI, 66 SCRA 29
    Republic vs. Ebrada, July 31, 1975
    Philippine National Bank vs. Quimpo, March 14, 1988
    Gempesaw vs. CA, February 9, 1993
    Philippine Commercial International Bank vs. Court of Appeals, 350 SCRA 446
    MWSS vs. CA, 143 SCRA 20
    Ilusorio vs. CA, 393 SCRA 89
    Samsung Construction vs. Far East Bank, 15 August 2004
    Metrobank vs. Cabilzo, 06 December 2006
    Bank of America vs. Philippine Racing Club, G.R. No. 150228, July 20, 2009
    Far East Realty Investment, Inc. vs. CA, 166 SCRA 256
    Wong vs. CA, February 2, 2001
    International Corporate Bank vs. Sps. Gueco, February 12, 2001
    Far East Realty vs. CA, October 5, 1988
    State Investment House vs. CA, 217 SCRA 32
    Asia Banking Corporation vs. Javier, 44 Phil 777
    Nyco Sales Corporation vs. BA Finance Corporation, 200 SCRA 637
    Arceo, Jr. vs. People of the Philippines, G.R. No. 142641, 17 July 2006
    Allied Banking vs. CA, GG Sportswear, 11 July 2006
    Areza v. Express Savings Bank, Inc., G.R. No. 176697, September 10, 2014
     
    XV. CHECKS
     

    1. Checks Defined
    2. Distinguished from draft
    3. Relationship between drawer, drawee, and payee
    4. Kinds of checks
    5. When required to be presented for payment
    6. Effect of death of drawer
    7. Pertinent Philippine Clearing House Corporation Rules

     
    Cases:
     
    New Pacific Timber vs. Hon. Seneris, December 19, 1980
    PNB vs. National City Bank of New York, 63 Phil 711
    Bataan Cigar vs. CA, 230 SCRA 648
    Stelco Marketing Corporation vs. CA, June 17, 1992
    State Investment House vs. CA, 175 SCRA 311
    Papa vs. A.U. Valencia, 284 SCRA 643
    Villanueva vs. Nite, G.R. No. 148211, 25 July 2006 
    Equitable PCI vs. Ong, 15 September 2006
    Security Bank & Trust Company vs. RCBC, G.R. Nos. 170984 & 170987, January 30,
    2009
     

    TEACHING METHODS AND STRATEGIES


     
    A question-and-answer format will be employed to determine whether the student
    regularly reads and understood the provisions of the law and the cases assigned.
     
    Quizzes will be administered to check knowledge, understanding, and the level of
    analysis acquired by the students.
     
    All throughout, there will be lectures and giving of group assignments.
     

    GRADING METHOD AND ALLOCATION


                Attendance/Assignment/Recitation              -           10%
                Midterm Grade                                                            -           40%
                Finals Grade                                                                   -           50%
     
     
     
     
     

    Course Summary:
    Date Detail

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