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Since 1977

BUSINESS LAW ATTY. ONG/LOPEZ


BL.1303-Drill 4 – Negotiable Instruments OCTOBER 2012

1. Statement 1: A person cannot be convicted of a crime of 8. When negotiable instrument had been dishonored by
BP 22 when the check is presented more than 90 days non-acceptance or nonpayment, notice of dishonor must
from the date of the check. be given to the following, otherwise they are discharged.
Statement 2: Prejudice or damage to the complainant is a. Maker c. Drawee
not a requisite for the conviction of a crime under BP 22 b. Drawer d. Acceptor
(Bouncing check law).
a. First statement is true; second statement is false. 9. The separate paper attached to an instrument on which
b. First statement is false; second statement is true. an indorsement or acceptance of the instrument is
c. Both statements are true. written is called:
d. Both statements are false. a. Allonge c. enclosure
b. Memorandum d. attachment.
2. The crime of BP 22 or the bouncing check law which
penalize the act of making or drawing and issuing a 10. M makes a note payable to the order of P. P indorses the
check without sufficient fund or credit is: note to A, A to B, B to C, C to D, D to E, and E back to A.
a. Malum in se Based on the foregoing, which of the following
b. Malum prohibitum statements is incorrect?
c. Neither Malum in se nor Malum prohibitum a. A may renegotiate the promissory note.
d. Both Malum in se and Malum prohibitum b. A cannot go after B, C, D and E.
c. B, C, D and E enjoy temporary defense if A is the
3. Statement No. 1: A check must be presented for
holder.
payment within a reasonable time after its last
d. If the instrument is renegotiated by A to F, the latter
negotiation.
cannot go after B, C, D and E.
Statement No. 2: A bill of exchange must be presented
for payment within a reasonable time after its last
11. A bill of exchange to which no document is attached
negotiation.
when presentment for payment or acceptance is made
a. True, true c. False, true
a. Trade acceptance
b. True, false d. False, false
b. Bank acceptance
4. A general endorser is distinguished from the irregular c. Clean bill of exchange
endorser in that a general endorser: d. Documentary bill of exchange
a. Makes either a blank or special endorsement.
b. Indorses after its delivery to the payee. 12. Which of the following does not discharge the
c. Is liable to the payee and subsequent parties unless instrument?
he signs for the accommodation of the payee, in a. Payment in due course by the accommodated party.
which case he is liable only to all parties subsequent b. Intentional cancellation of the instrument by the
to him. holder.
d. Answer not given c. When the principal debtor becomes the holder in his
own right before maturity.
5. The distinction between acceptance for honor and d. Payment in due course by or on behalf of the
ordinary acceptance is that: principal debtor.
a. In acceptance for honor, pretest is not required while
in ordinary acceptance, there must be previous 13. Presentment for acceptance of a bill of exchange is not
protest; necessary:
b. In acceptance for honor, the acceptor is the drawee a. Where the bill is payable after sight
while in ordinary acceptance; the acceptor must be a b. Where the bill is drawn payable elsewhere than at
stranger to the bill; the residence or place of business of the drawee
c. In acceptance for honor, the consent of the holder is' c. Where it is payable at a certain number of days after
required while in ordinary acceptance, such consent date
is not required; d. Answer not given
d. Answer not given
14. 1st-: Where to show displeasure over a bill of exchange
6. A bill of exchange may be treated as a promissory note addressed to him, the drawee destroys the same, under
a. When the drawee and the payee are the same the law he is deemed to have accepted it.
person 2nd-: Where the drawer and drawee are the same
b. When the drawer and the payee are the same person person, the bill of exchange can be regarded as a
c. When the drawee and the drawer are the same promissory note.
person a. Both are true c. No. 1 is true; No. 2 is false
d. All of them b. Both are false d. No. 1 is false; No. 2 is true

7. Protest is not necessary: 15. Statement No. 1: A check must be presented for
a. Upon dishonor by non-acceptance of a foreign bill payment within a reasonable time after its last
appearing on its face to be such; negotiation.
b. Upon dishonor by non-payment of a foreign bill Statement No. 2: A bill of exchange must be presented
appearing on its face to be such, if not having been for payment within a reasonable time after its last
previously dishonored by non-acceptance; negotiation.
c. In cases of inland bills and promissory notes a. True, true c. False, true
d. Answer not given b. True, false d. False, false
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EXCEL PROFESSIONAL SERVICES, INC.

16. A party secondarily liable is discharged through any of 24. Jose Reyes signed a blank check, and in his haste to
the following means, except by the: attend a party, left the check on top of his executive
a. intentional cancellation of his signature by the desk in his office. Later, Nazareno forced open the door
holder. to Reyes’ office, and stole the blank check. Nazareno
b. discharge of a prior party. immediately filled in the amount of P50,000 and a
c. release of the principal debtor. fictitious name as payee on the said check. Nazareno
d. extension of the time of payment which is assented then endorsed the check in the payee’s name and passed
to by such party secondarily liable. it to Roldan. Thereafter, Roldan endorsed the check to
Dantes. Can Dantes enforce the check against Jose
17. Which of the following alteration is not material? Reyes?
a. An alteration which changes the medium or currency a. Dantes cannot enforce the check against Jose Reyes,
which payment is to be made who can raise the defense that the check was
b. An alteration which adds a place of payment where incomplete and not delivered, when only stolen and
no place of payment is specified filled up by Nazareno.
c. An alteration which postpones the time of payment b. Dantes can enforce the check against Jose Reyes
d. An alteration which substitutes the words "or bearer" because Dantes is presumed to be a holder in due
for the words "or orders" course.
e. None of the above c. Dantes can enforce the check against Jose Reyes
because Jose Reyes is presumed to be negligence
18. A promissory note as distinguished from a bill of and therefore must suffer the loss.
exchange. d. Dantes cannot enforce the check against Jose Reyes
a. It contains an unconditional order because Jose Reyes can set up personal defense.
b. The one who issues it is primarily liable
c. The one who issues it is secondarily liable 25. A stranger to the instrument makes a material alteration
d. There are three (3) parties, the drawer, the payee changing the amount thereof from P100,000 to P400,000
and the drawee - this act is known as
a. Forgery c. Spoliation
19. Holder H altered the amount of a negotiable note from b. Material alteration d. All of the above
P10,000 to P110,000 then negotiated the note to P.
a. If P is holder in due course, he can require the maker 26. Statement No. 1: A check must be presented for
to pay P110,000 payment within a reasonable time after its last
b. If P is not a holder in due course, he can require the negotiation.
maker to pay only the original sum of P10,000 Statement No. 2: A bill of exchange must be presented
c. P cannot require the maker to pay because of for payment within a reasonable time after its last
forgery whether or not he is holder in due course negotiation.
d. P10,000 if P is a holder in due course a. True, true c. False, true
b. True, false d. False, false
20. If the drawee destroys the bill
a. The bill is considered accepted 27. A makes a promissory note payable to B or order. B
b. The bill is considered dishonored indorses the note to C, then C to D, D to E and E to F,
c. The bill is discharged the holder in whose hands the note is dishonored. F.
d. The bill is cancelled notifies B, C, D and E about the dishonor of the note and
subsequently indorses it to G. Which is not correct?
21. Manager's check may be treated and considered a a. The notice to C inures to the benefits of D, E and G.
promissory note because b. The notice given by F to B inures to the benefits of C,
a. The drawer and drawee are the same persons D, E and G.
b. The drawee is fictitious c. The notice to E inures to the benefit of D.
c. The instrument is ambiguous d. The notice to D inures to the benefits of E and G.
d. All of the above
28. In relation to checks and bills of exchange, which is not a
22. Any alteration which changes the following shall be correct statement?
deemed to be material, except a. A bill may be drawn addressed to any person as
a. The date drawee, but a check can only be addressed to a bank
b. The sum payable, either principal or interest as drawee.
c. The time or place of payment b. A check is always payable on demand whereas a bill
d. The number or the relation of the parties may be made payable on demand or at a fixed or
e. None of the above determinable future time.
c. A check must be presented for payment within a
23. Ramos draws a bill of exchange payable to the order of reasonable time from its date of issue, whereas a bill
Palma. Palma presents the bill to Wagan, drawee, for within a reasonable time from the date of last
acceptance, and the latter accepts it. Thereafter, Palma negotiation.
indorses the note to Alunan, Alunan to Bernarte, d. Where the check and the bill of exchange are not
Bernarte to Hornedo, holder. On due date, Hornedo presented for payment within a reasonable time as
presents the bill to Wagan for payment but Wagan stated in choice (c) the drawers are considered
dishonors it claiming that Palma is a minor. Wagan, discharged absolutely.
Ramos, Alunan and Bernarte claim that they did know
that Palma was a minor at the time that they transacted 29. In this instrument a protest made by a notary is needed
on the instrument. Aside from Palma, who may claim instead of a simple notice of dishonor -
the defense of minority? a. Inland bill of exchange
a. Ramos. c. Alunan and Bernarte b. Foreign bill of exchange
b. Wagan. d. None of the four. c. Traveler's check
d. Promissory note

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