24 October 2013

The Law School Standards Committee

Ateneo de Manila University
School of Law
Rockwell Center, Makati City
C/o The Students Appeals Committee
ear Sirs!
" respectfully re#uest for a reconsideration of my final $rades in Negotiable Instruments under
Atty. Francis Joseph Ampil.
Credits $iven to my answers to the #uestions posed in the final e%amination for the a&ove cited
su&'ect of this motion for reconsideration( )lease refer to the final e%amination #uestionnaire
*Anne% +A,- and my final e%amination &ooklet *Anne% +.,- for your easy reference(
/- )art ", "tem 0!
What are the arranties o! a "eneral In#orser
1ne of my answers!
$hat the instrument is genuine an# hat it purports to be
Credit 2iven! none
.asis for reconsideration!
" respectfully move for reconsideration that my answer &e $iven additional credit(
Accordin$ to the answer of 2olda 3amuco who merited / point!
$hat the instrument is genuine an# in all respects hat it purports to be
4ith this " respectfully su&mit that my answer &e $iven additional credit of / point(
0- )art /, "tem 0
What are the arranties o! a "eneral In#orser
1ne of my answers!
$hat the prior parties ha%e capacity to contract
Credit 2iven! none
.asis for reconsideration!
" respectfully move for reconsideration that my answer &e $iven additional credit(
Accordin$ to the answer of 2olda 3amuco who merited / point!
$hat all the prior parties ha%e capacity to contract
4ith this " respectfully su&mit that my answer &e $iven additional credit of / point(
5- )art ", "tem 5
When Notice o! &ishonor nee# not be gi%en to #raer
1ne of my answers!
&raer is the person ho instrument is presente# to !or payment
Credit 2iven! none
.asis for reconsideration!
" respectfully move for reconsideration that my answer &e $iven additional credit(
Accordin$ to the answer of 2olda 3amuco who merited / point!
When the #raer is the person to hom the instrument is presente# !or payment
4ith this " respectfully su&mit that my answer &e $iven additional credit of / point(
6- )art ", "tem 7
Obligations o! 'on#e# Warehouseman
1ne of my answers!
$o issue receipts !or each transaction
Credit 2iven! none
.asis for reconsideration!
" respectfully move for reconsideration that my answer &e $iven additional credit(
4ith this " respectfully su&mit that my answer &e $iven additional credit of 5 points(
8- )art "", "tem 0
My answer!
In a material alteration( the instrument is a%oi#e# e)cept as against those ma#e( authori*e# or
assente# to the alteration. 'ut a hol#er in #ue course can still be pai# the amount o! instrument
in its original tenor( pro%i#e# they ere not a party to the alteration.
In this case( hoe%er( + ha# alrea#y accepte# the amount be!ore it !oun# out about the
alteration. As acceptor( he is alrea#y liable to pay the amount o! the instrument accor#ing to the
tenor o! his acceptance. ,e is preclu#e# !rom using alteration as a #e!ense( as against -( a
hol#er in #ue course.
What + can #o is #ishonor the instrument !or non.payment. $hen '( the in#orser( ill be liable
!or the instrument in its altere# tenor.
Credit 2iven! none
.asis for reconsideration!
Accordin$ to the answer of
$here are to schools o! thought ith regar# to the issue presente# at han#.
$he !irst %ie is base# on the arranties o! an acceptor pro%i#e# !or by the NI/ hich states
that the acceptor engages that he ill pay the instrument accor#ing to the tenor o! his
acceptance. I! e !ollo this as a legal bases( then + must be liable !or 300(000 hich is the
amount he accepte#.
On the other han#( the secon# %ie is base# on 124 o! the NI/( paragraph 2 hich states that
hen an instrument is materially altere# an# is in the han#s o! a hol#er in #ue course not a
party to the alteration( he may collect accor#ing to the original tenor. I! e !ollo this as our
legal basis( then + ill only be liable !or 130(000( the original tenor.
,oe%er( consi#ering the spirit o! the NI/( hich is to encourage people to rely an# trust in
negotiable instruments( it can be sai# that the !irst %ie ill be more consistent since it is in
!a%or o! a hol#er ho is presume# to be a hol#er in #ue course.
" respectfully move for reconsideration that my answer &e $iven additional credit(
4ith this " respectfully su&mit that my answer &e $iven additional credit of 5 points(
Should a review of my e%am answers &e permitted and additional credits of at least 8 points from
the manifest oversi$ht &e $ranted as a result thereof, " would merit a final $rade of 203 in the
appealed su&'ect( Accordin$ly, this would allow me to continue my studies at the Ateneo Law
School and the case for pro&ationary status &e dropped(
" fully understand that it is the policy of the Law School that my $rades are deemed final upon its
official release( " also understand that an appeal is purely a matter of privile$e and not a ri$ht(
9owever, " respectfully pray that you find merit in my ar$uments and $rant my earnest motion(
Thank you for your kind attention and " look forward to your favora&le consideration of this
re#uest(
:ours sincerely,
%%%%