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Northeastern College
College of Accountancy & Business Administration
Negotiable Instruments Law (Law 3) 2:3pm MWF
PRELIM EXAMS (July 22, 2016)
GENERAL INSTRUCTION: Before taking this exam, make sure that all your things must be
placed infront (near the blackboard). Only your permit, pen, questionnaires fee and the
questionnaire/answer sheets must be found on your writing desk. (Failure to follow the same is
likewise equivalent to automatic failure from this exam). NO CHEATING!!!
I. MULTIPLE CHOICE. Encircle the correct letter of your choice. 2.5% each.
1. Presentment for payment may be waived expressly or impliedly; and in such a case, if
there is no presentment
(a) Parties secondarily liable will be discharged.
(b) Parties primarily liable will not be discharged.
(c) Parties primarily liable will be discharged.
(d) Parties secondarily liable will not be discharged.
3. Comment on the obligation of the following instrument as issued assuming that the other
requisites for negotiability are present.
Pay to Y order Php. 10,000.00 to be debited against Payable. Sgd. X.
(a) It is negotiable because the order is unconditional though indicated a particular
account to be debited with the amount.
(b) It is not negotiable because it is chargeable against Accounts Payable
(c) It is negotiable with an indication of a particular fund out of which reimbursement is to
be made.
(d) It is not negotiable because there is an implied condition.
4. A draws a bill payable to B or order with X, as the drawee. The bill was successively
endorsed to C, D, E and F, holder. X does not pay and F has duly protested non-payment. Y
pays for the honor of C.
Which of the following statement is wrong?
(a) D is discharged.
(b) E is discharged.
(c) C is discharged.
(d) Y can ask reimbursement from A.
6. M makes promissory note for Php 3,000 payable to P or order. P negotiates the note to A,
who, with the consent of P raises the amount to Php 8,000.00 and thereafter indorses it to
B, B to C, and C to D under circumstances which make D not a holder in due course.
(a) the note is discharged as against M.
(b) D cannot enforce the note against M even for the original tenor.
(c) A would be liable to D for the sum of Php 8,000.00
(d) P would not be liable to D for Php 8,000.00
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10. In the preceding problem, may the Citibank or BPI proceed against C?
(a) Yes, because C as endorser assumes the warranty as endorser.
(b) No, because C is not a privy to the contract.
(c) Yes, because he is liable as a prior party.
(d) No, because he is special endorser.
11. Arman drew a bill of exchange, stating I promise to pay to the order of Bob and
Cathy (Sgd.) Arman. Bob and Cathy are not partners. Who should indorse the instrument?
(a) Bob, provided he was authorized by Cathy.
(b) Either Bob or Cathy, whoever is solvent.
(c) Both Bob and Cathy, because they are joint payees.
(d) Both Bob and Cathy, because they are solidary payees.
13. A drawee who has not accepted a bill of exchange is not a party to the instrument
and cannot be held liable, whether primarily or secondarily, except that
(a) He may be held liable by the drawer by reason of the instrument
(b) He may be held liable by the holder by reason of an independent agreement or
arrangement between them
(c) He may be held liable by the holder by reason of the instrument
(d) He may be held liable by the drawer by reason of an independent agreement or
arrangement between them
14. The indorsement pay to Ultimate Bank for collection and deposit only, without
recourse to me is
(a) Blank-qualified-restrictive (c) special-qualified-non-restrictive
(b) Special-qualified-restrictive (d) special-unqualified-non-restrictive
15. Can a bill of exchange qualify as a negotiable instrument if the day and the month
but not the year of its maturity is given?
(a) No, if the holder inserts the incorrect date
(b) Yes, the date of issuance is not a requisite prescribed by Section 1
(c) Yes, the negotiability of an instrument is not affected if it is not dated
(d) No, the intent is to make the instrument payable on a fixed date but the year was omitted.
Hence, the time for payment is not determinable in this case
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16. I promise to pay to the order of bearer P1,000.00. (Sgd) Digong. Is this a
negotiable instrument?
(a) No, because it is not payable to order or bearer
(b) Yes, because it is considered a bearer instrument
(c) Yes, because it is considered an order instrument
(d) No, because it is not payable to the order of a specified person or bearer
17. September 13, 2016, I promise to pay X or order the sum of P10,000.00, with
interest at 20% per annum. (Sgd) Leni. When is the accrual date of the interest?
(a) September 13, 2016 (c) On any date that the holder
demands interest
(b) On the date of issuance (d) It would depend on the agreement of
parties
18. Assuming all the other requisites of negotiability are present, which of the following
instruments is not payable to bearer?
(a) Pay to the order of Cash (c) Pay to Bato, bearer.
(b) Pay to the order of Jose Rizal, national hero. (d)Pay to Bato or bearer.
20. The rule is that a bill of exchange can be treated as a promissory note. One such
instance is when
(a) The drawer and the drawee are not the same person
(b) The drawer and the drawee are the same person
(c) The drawee has no legal capacity to contract
(d) The drawee is a real person
24. The Philippine Negotiable Instruments Law is patterned with very slight
modifications after the
(a) Uniform Negotiable Instruments Act of the United States of 1896
(b) English Bill of Exchange Act of 1882
(c) US Uniform Commercial Code (d) None of the above
26. A man does not always have property, or valuable property rights which he can turn
into cash at any moment. This pertains to Negotiable Instruments as
(a) A substitute for money
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II. ESSAY. Give what is being asked. Support your answers with legal basis. Write your
answers on the spaces provided. You may use the back portions of these
questionnaires.
1. Who are the three kinds of holders and define each (6%)
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2. Enumerate the nine incidents in the life of a negotiable instrument and explain each?
(15%)
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3. Define the following. You may write your answers at the back if the spaces below are not
enough.
a. Accumulation of secondary contracts (3%)
b. Indorsement (1.5%)
c. Good faith (1.5%)
d. Delivery (1.5%)
e. Allonge (1%)
f. Value (1.5%)
g. Payable on demand (2%)
h. Unconditional promise (2%)
-NOTHING FOLLOWS-