BASED ON AGBAYANIS BOOK AND ATTY. MERCADOS LECTURES
Page 101 of 190
BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D BATCH 2010 Accordingly, where F holder doesnt make a presentment to X, A drawer would not be discharged by such failure
PRESENTMENT IS NOT REQUIRED TO CHARGE THE DRAWER IN THE FOLLOWING CASES 1. In case the check upon which payment has been stopped 2. Where the drawers balance is less than the amount of the check. The mere fact however that the drawer has no funds with drawee at the time he draws, doesnt render presentment unnecessary if he still has reasonable grounds to believe that the instrument will be paid, particularly when provision has been made for payment of any bill drawn by the drawer on the drawee 3. Where the drawer of a bill containing the words Pay from balance had no money on deposit with the drawee but expected to arrange with the broker to cover drafts
WHEN INDORSER NEED NOT BE GIVEN NOTICE A makes a note for the accommodation of B, payee.
I promise to pay B P1000.
Sgd. A
B!C C!D D!E E!F F need not make presentment for payment to A in order to charge B indorser B didnt give any value to A B has no reason to expect that the note will be paid upon presentment B is considered to be the ultimately liable party since he is the accommodated party With regard C and D, presentment for payment is still required
Sec. 81. When delay in making presentment is excused. - Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, presentment must be made with reasonable diligence.
EXCUSES FOR DELAY Overwhelming calamity, malignant diseases, interruption of trade negotiations by political circumstances, etc.
Sec. 82. When presentment for payment is excused. - Presentment for payment is excused:
(a) Where, after the exercise of reasonable diligence, presentment, as required by this Act, cannot be made;
(b) Where the drawee is a fictitious person;
(c) By waiver of presentment, express or implied.
APPLICATION OF SECTION 82 What is excused is failure to make presentment for payment and not mere delay
WAIVER MAY BE EXPRESS OR IMPLIED
IMPLIED WAIVER Implied waiver of presentment may be manifested by any language or conduct or any agreement between the parties reasonably calculated to lead the holder to believe that presentment is waived or to mislead or prevent him from treating the bill as he otherwise would
SUMMARY OF RULES AS TO PRESENTMENT FOR PAYMENT 1. Presentment for payment is not necessary to charge persons primarily liable 2. But it is necessary to charge a person secondarily liable except a. As to drawer, under Section 79 b. As to indorser, under Section 80 c. When dispensed with under Section 82 d. d. When the instrument has been dishonored by non-acceptance
Sec. 83. When instrument dishonored by non-payment. - The instrument is dishonored by non-payment when:
(a) It is duly presented for payment and payment is refused or cannot be obtained; or
(b) Presentment is excused and the instrument is overdue and unpaid.
105.11.CA Appellant's Brief on Motion to Strike Affidavit material and Costs ordered against a Respondent for breach of multiple rules of Court. The Court of Appeal of N.B. File Number 105/11/CA ANDRE MURRAY v. BETTY ROSE DANIELSKI