BASED ON AGBAYANIS BOOK AND ATTY. MERCADOS LECTURES
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BY: MA. ANGELA LEONOR C. AGUINALDO ATENEO LAW 2D BATCH 2010 3. Payment must be made by the debtor in good faith and without notice that his title is defective If payment is made before maturity, it would constitute a negotiation back to the person primarily liable and he can renegotiate it. Payment doesnt discharge the instrument. Payment to indorsee who is not in possession of the instrument is not payment to a person other than the holder is at the risk of the party so paying if the person wasnt authorized by the holder to receive payment. So also, the payment to the original payee after the note had been transferred by him to a holder in due course doesnt discharge the note Payment to a person by the debtor who knows that such person stole it, is not payment in due course, as such payment is not in good faith. The maker of a note or the acceptor of a bill must satisfy himself, when it is presented for payment, that the holder traces his title through genuine indorsements, and if there is a forged indorsement, it is a nullity and no right passes by it
PAYMENT MUST BE MADE TO POSSESSOR OF INSTRUMENT The party making payment must insist on the presentment of the paper by the party demanding payment in order to make sure that it is at the time in his possession and not outstanding in another A receipt taken is no protection If at the time he makes payment, it is outstanding and in the hands of a holder in due course, he must pay it again Possession of notes by the maker is presumptive evidence
VII. NOTICE OF DISHONOR
Sec. 89. To whom notice of dishonor must be given. - Except as herein otherwise provided, when a negotiable instrument has been dishonored by non-acceptance or non-payment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
MEANING OF NOTICE By notice of dishonor is meant bringing either verbally or by writing, to the knowledge of the drawer or indorser of an instrument, the fact that a specified negotiable instrument, upon proper proceedings taken, has not been accepted or hasnt been paid, and that the party notified is expected to paid it
NECESSITY AND PURPOSE OF NOTICE When an instrument is dishonored by NON-ACCEPTANCE or NON- PAYMENT, notice of such dishonor must be given to persons secondarily liable, as the case may be. Otherwise, such parties are discharged
I PROMISE TO PAY F OR ORDER.
SGD. A *B!C!D!E!F *F makes presentment for payment to A, maker, on the date of maturity. A refuses to pay. *If F doesnt give notice of dishonor to B, C, D and E and prove the same, they are discharged and F cannot file an action against them.
BURDEN OF PROOF It is upon the plaintiff who seeks to enforce the defendants liability upon a negotiable instrument as indorser to establish said liability by proving that notice was given to the defendant within the time and in the manner required by the law that the instrument in question had been dishonored Where these facts are not proven, the plaintiff doesnt sufficiently establish the defendants liability Where there is no proof in record tending to show that the plaintiff gave any notice whatsoever to the defendant that the instrument in question had been dishonored, said plaintiff hasnt established its cause of action
PERSONS PRIMARILY LIABLE NEED NOT BE NOTIFIED
DOES FAILURE TO GIVE NOTICE OF DISHONOR OF A PREVIOUS INSTALLMENT TO PERSONS SECONDARILY LIABLE ALSO DISCHARGE THEM ON THE SUCCEEDING INSTALLMNETS? It depends on whether the instrument contains an acceleration clause
RULE WHERE THERE IS NO ACCELERATION CLAUSE Where the instrument contains no acceleration clause, failure to give notice of dishonor on previous installment doesnt discharge drawers and indorsers as to the succeeding installments, and therefore, the holder can file an action against them for such succeeding installments, notice is given The reason is that each separate installment is equivalent to another note