Phil. Educ. Co., Inc. vs. Soriano
Phil. Educ. Co., Inc. vs. Soriano
Phil. Educ. Co., Inc. vs. Soriano
Soriano
Philippine Education Company inc., vs. Soriano
G.R.. No. L-22405 , June 30 1971
FACTS:
Enrique Montinola irregularly got hold of 10 money orders from Manila Post Office. Upon
discovery of the disappearance of unpaid money orders, instructions to postmasters and banks
were sent to not honor said my orders. Philippine Education Co. Inc. received one money order
as part of its sales receipt and deposited same with Bank of America which was subsequently
cleared with the Bureau of Posts. More than a year later, the appellee Chief of the Money Order
Division of the Manila Post Office informed the bank about the irregularity and deducted the
amount. Appellant requested the Postmaster General to reconsider but his request was denied.
Montinola was charged with theft but was acquitted. Appellant filed an action for
indemnification in the Municipal Court of Manila which rendered a decision favorable to
appellant.
ISSUE:
Is postal money order a negotiable instrument?
RULING:
No, postal money orders are not negotiable instruments because in establishing and operating a
postal money order system, the government is not engage in commercial transactions but merely
exercises a governmental power for the public benefit. Moreover some of the restrictions
imposed upon money orders by postal laws and regulations are inconsistent with the character of
negotiable instrument. For instance, such laws and regulations usually provide for not more than
one endorsement; payment of money orders may be withheld under a variety of circumstances