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SECOND DIVISION.
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Entitled Cely Yang v. Far East Bank & Trust Company, Philippine
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Id., at p. 8.
Id., at p. 141.
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Rollo, p. 84.
CA Rollo, p. 131.
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Id., at p. 462.
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the holder. To mandate that each holder inquire about every aspect
on how the instrument came about will unduly impede commercial
transactions, Although negotiable instruments do not constitute
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Id., at p. 456.
ART. 2208. In the absence of stipulation, attorneys fees and
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Rollo, p. 230.
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Producers Bank of the Phil. v. Court of Appeals, 417 Phil. 646, 656;
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ALR 430; Boston Steel & Iron Co. v. Steur, 183 Mass. 140, 66 NE 646.
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course is a holder who has taken the instrument under the following
conditions:
(a) That it is complete and regular upon its face;
(b) That he became the holder of it before it was overdue, and
without notice that it has been previously dishonored, if such
was the fact;
(c) That he took it in good faith and for value;
(d) That at the time it was negotiated to him, he had no notice of
any infirmity in the instrument or defect of the title of the
person negotiating it.
18
SEC.
24.
Presumption
of
consideration.Every
negotiable
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See Fernandez v. Fernandez, 416 Phil. 322, 337; 363 SCRA 811
(2001).
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See Ozark Motor Co. v. Horton, 196 SW 395. See also Davis v.
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circumstances: (1) the drawer had no account with the payee; (2) the
check was crossed; (3) the crossed check was used to pay an obligation
which did not correspond to the amount of the check; and (4) the holder
did not show or tell the payee why he had the check in his possession
and why he was using to pay his personal account, then the payee had
the duty to ascertain from the holder what the nature of the latters
title to the check was or the nature of his possession.
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CA Rollo, p. 130.
ART. 2217. Moral damages include physical suffering, mental
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